Guide To Latin in International Law

GUIDE TO LATIN IN INTERNATIONAL LAW
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GUIDE TO LATIN
IN INTERNATIONAL LAW
...........................................................................................................................................
aaron x. fellmeth & maurice horwitz
3
3
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Library of Congress Cataloging-in-Publication Data

Fellmeth, Aaron Xavier.
Guide to latin in international law / Aaron X. Fellmeth & Maurice Horwitz.
p. cm.
Includes bibliographical references.
ISBN 9780195369380 (hardback : alk . paper)
1. LawDictionariesLatin. 2. Latin languageLaw LatinDictionariesEnglish
3. Latin languageDictionariesEnglish. 4. Latin languageTerms and phrases.
1. Horwitz, Maurice. 11. Title.
K52.L37F45 2009
340.03dc22 2008055215
9 8 7 6 5 4 3 2 1
Printed in the United States of America on acid-free paper

CONTENTS
................................
PREFACE
vii
ACKNOWLEDGMENTS
xiii
PRONUNCIATION
xv
ETYMOLOGY AND GRAMMAR KEY
xxi
........................................................................
A 1 M 182
B 43 N 190
C 49 O 205
D 72 P 211
E 86 Q 235
F 105 R 246
G 115 S 258
H 117 T 274
I (J) 119 U 281
L 162 V 289
APPENDICES
296
ADVERBIAL NUMBERS
296
CARDINAL NUMBERS
297
ORDINAL NUMBERS
298
PREFACE
................................
Maurice and I created this guidebook to assist international lawyers and law
students seeking to master, or at least to decipher, the Latin recurrently injected
into our professions already arcane argot. It may seem strange that a reference
book-sized niche remains in the twenty-first century given the profusion of
legal reference works, but the fact remains that recognizing the need for a
guidebook like this one is a little uncomfortable. The use of Latin in interna-
tional legal writing is supposed to appear natural, if not inevitable. We typically
pepper our writings with Latin as if the dead language were cayenne in a
jambalayathe more the better. Yet, at some level we are all aware that we
often obscure rather than clarify our meaning when we use it instead of plain
English. And when we get the Latin right, which we frequently do, and
pronounce the words without butchering them beyond all hope of recognition,
which we occasionally do, the practice nonetheless tends to baffle law students
and even experienced international lawyers unschooled in the vernacular of
Cicero.
Aspiring international lawyers may wonder about the ubiquity of Latin in
international legal discourse in the first place. It may seem that the esoterism of
such a prevalent practice can only be intentional. The official explanation is that
much early international law was developed by the Roman Empire, and the
much admired Roman civil law has found its way by analogy into public
international law wherever a lacuna or ambiguity in the principles of interna-
tional law arose.1 When combined with the fact that Latin was the scholarly
lingua franca of most of Europe during international laws early development,
international lawyers have inherited an even better stocked arsenal of Latin
phrases and terms than other lawyers.
1
For a classic discussion of this practice, see Hersch Lauterpacht, Private Law Sources and
Analogies of International Law (1970).
vii
The historical reasons for the recurrence of Latin in legal writing, however,
do not explain why international lawyers continue the practice with English
equivalents so readily available. There are, indeed, modern instances of authors
inventing new Latin terms for well-known concepts previously expressed per-
fectly adequately in English, presumably in quest of immortality as the origina-
tor of a neologism. Clearly, the official explanation for Latins prevalence in
international legal usage tells only part of the story.
W. Michael Reisman has offered an alternative explanation: I warn my
students that if they confront something in Latin, it is usually a signal that jurists
are unsure of what they are talking about and are trying to conceal their confusion
behind a solemn and pretentious Latin phrase.2 Peter Tiersma has suggested a
complementary theory: [A] great majority of legal maxims are indeed in Latin,
partly for historical reasons, but sometimes also to mask the fact that many of
these maxims are self-evident banalities made to seem more impressive by being
expressed in a dead language.3 Another perspective, supported by the more
frequent usage of Latin in European legal writing than in U.S. writing, is that the
authors are trying to justify their years of doggedly memorizing Latin conjuga-
tions and declensions by putting it to some plausible use.
Whatever the true explanation, the important point is that a facility with at
least some Latin assists international lawyers to understand the sources of law
and each other. An excellent example of prolific Latin usage may be found
in the World Trade Organization Agreement on TradeRelated Aspects of
Intellectual Property Rights (TRIPs Agreement). In only twelve articles of
the TRIPs Agreement (Articles 50 through 62), we find the following Latin
terms:
Inaudita altera parte
Ex officio
Prima facie
Mutatis mutandis
De minimis
Inter partes
Elsewhere in the TRIPs Agreement we find such terms as inter alia, sui generis,
and the adoptionseemingly idiosyncratic to international and civil lawyers
of bis, ter, and so forth, which are used to insert articles between other articles of
consecutive numbering. A listing of such articles in a table, for example, might
appear as follows:
2
W. Michael Reisman, Jonathan I. Charney: An Appreciation, 36 Vand. J. Transnatl L. 23, 23
(2003).
3
Peter Tiersma, The New Blacks, 55 J. Legal Educ. 386, 397 (2005).
viii preface
Article 1
Article 2
Article 3
Article 3bis
Article 4
Article 4bis
Article 4ter
Article 5

This practice makes an appearance in greater or lesser proliferation in many
amended treaties, such as the 1967 Paris Convention on the Protection of
Industrial Property, which occasionally counts up to septies (after the seren-
dipitously/offensively named sexies). For ease of reference, the Appendix to
this guide contains a listing of such ordinals up to fifteen (beyond which treaties
rarely go even after numerous emendations).
The prevalence of Latin in judicial and arbitral decisions is still more striking.
Some judges of the International Court of Justice have used Latin so promis-
cuously as to call into question their comfort with the English or French
languages. One judge, for example, recently invoked close on one hundred
different Latin phrases in a single separate opinion. He then presumably
stepped back into his time machine and returned to drafting the Magna Carta.
Given the current reality of profligate Latin usage, Guide to Latin in Interna-
tional Law was written for those who wish to understand the language of
international lawyers, not so much for those seeking to boost their bombasticity
quotient. For this reason, this guide defines Latin terms and phrases, but does
not provide Latin translations for common English terms and phrases. Nor
does the guidebook organize the terms and phrases by topic or keyword to
facilitate the use of Latin. If the latter book were published, knowledge of its
existence would be strictly controlled by a secretive cartel of international
lawyers and academics, jealously guarding it with a password such as do ut des.
A second intended function of the guidebook is to assist in correcting the
wayward usages of Latin in the international law discourse. The modern
international lawyers fondness for Latin is nearly matched by his inability to
reproduce properly its orthography, grammar, and pronunciation. We have seen
ius denegare transformed into ius denagata; we have seen ius fetiale become ius
feciale, male captus turned into mala captus, and the nonexistent term in extenso
used extense in academic writings, judicial opinions, and even reference works.
Latin is so commonly mangled in the literature that correcting every mistake
appearing there would be a mammoth and profitless task, but we have tried to
preface ix
include references to the most common mistaken Latin spellings and grammar
in hopes of encouraging proper usage.
While the preceding explanations may convey less than unadulterated
appreciation of the modern use of Latin in legal writing, our irreverence
hardly stems from any failure to appreciate the languages elegance or histori-
cal significanceMaurice is, after all, a trained classics scholar. Its source is,
rather, an equal appreciation for the genius of the English language. Having
already absorbed words from a huge variety of languages, modern English has
proved winningly flexible and only rarely stands in real need of further
assistance from its foreign brethren, ancient or modern. Few foreign words
or phrases are significantly more helpful than their English counterparts. This
is not to deny that the occasional foreign word or phrase captures a complex
idea more succinctly than is possible in English. Tiersma has offered a helpful
example: The Supreme Court of Utah once invented a new maxim: Equity
will not relieve one who could have relieved himself....The court should have
said it in Latin.4 Similarly, perhaps there is no tersely eloquent English
translation for Zeitgeist, Weltanschauung, minence grise, vice versa, or voil,
but is it really necessary to say vel non when we mean or not, or a fortiori
when we mean all the more, or perhaps most egregious of all, primo instead
of first? There is, of course, always a risk that a foreign phrase will lose some
of its color or connotation in the translation. The objection is not to the
occasional use of Latin, but to its uncontrolled proliferation, resulting from its
status as a shibboleth among legal scholars and especially international lawyers.
If this volume contributes to the demystification of international law scholar-
ship, we have done our most important job. If not, at least the accuracy of the
Latin used might be improved.
Speaking of other foreign languages, a reader might wonder why we have not
included terms in foreign languages other than Latin in this guidebook. Inter-
national lawyers certainly do make frequent use of French (e.g., charg d affaires,
compromis, dispositif, procs-verbal, hors de combat, nonrefoulement, trac parallele,
travaux prparatoires), German (e.g., Fremdenrecht, Grundnorm, Kompetenz-
Kompetenz), Italian (e.g., copia vera), and sometimes other languages. The
temptation to include such terms was great, but we refrained on the theory
that these languages, unlike Latin, are commonly spoken by international
lawyers and, when not, translations can be easily be obtained from any of the
conveniently available dictionaries of international law, foreign language dic-
tionaries, or translation software. And a guidebook of this kind is not nearly as
necessary for living languages, not only because they are more readily accessible,
but because presumably lawyers rarely use living languages in order to be
4
Tiersma, supra note 3, at 397 n.27 (citation omitted).
x preface
deliberately obscure, when a far more cryptic dead language has made itself
available.
Finally, regarding the selection of the terms and phrases translated and
defined in this work, although we aimed at providing a comprehensive reference
work, we are lawyers rather than professional lexicographers. As such, we are
primarily concerned with providing a useful reference for any Latin an interna-
tional lawyer is likely to happen upon, and this means that most of our source
material for the Latin defined here is the typical fodder of international
lawyerstreaties, decisions, and opinions of international tribunals, resolutions
and work documents produced by international organizations, and the works of
publicists in the field. But the uses of Latin in international law are so varied
that, whatever our aspirations for comprehensiveness, some readers will no
doubt happen upon the occasional term or phrase not included here.
We hope the user of this work will view it in the same light that its authors
doas an ongoing project. To that end, we have made available a Web site
(http://www.fellmeth.net/latinguide/) where you may submit Latin terms and
phrases that you have encountered in the study of international law but that are
nonetheless absent from this work. We, the authors, will do our best to supply
you with a translation and to include it, if appropriate, in any future edition of
this work.
preface xi
ACKNOWLEDGMENTS
................................
The authors owe a debt of gratitude to Prof. Dawn Bates of the Arizona State
University for her advice on phonological matters and to Beth DiFelice for her
research assistance. The authors also appreciate the useful assistance of the
Oxford University Press staff. Aaron Fellmeth especially thanks Linda De-
maine for her advice and patience in the process of compiling, writing, and
editing this work. All errors are attributable to the authors alone.
aaron x. fellmeth
Scottsdale, Arizona
April 1, 2009
xiii
PRONUNCIATION
................................
Two pronunciations are always given in this guide. The first is classical (prop-
erly, restored) Latin. The second is the pronunciation commonly used by
Americans in general and American lawyers in particular. Restored pronuncia-
tion, used mostly by classics experts, attempts to reproduce the sounds used by
Romans between approximately 50 BCE and 50 CE. Restored Latin is only
rarely used in legal discourse but is presented here for the purist and in the
admittedly quixotic hope of providing some basis for a more elegant substitute
to the unpredictable and belabored pronunciation commonly used by English
speakers since about the fourteenth century. Although A.P. Herbert has in-
sisted that proper Latin pronunciation is dead and must be buried, we agree
with H.A. Kellys verdict that it is undead rather than dead, and it has left its
mark everywhere, destroying all semblance of consistency and tradition.5
On the other hand, one may be well advised, or one may prefer, to speak
Latin in the most discreet and unobtrusive possible manner, which in the
United States usually means mispronouncing it in the way most American
English speakers do. Unfortunately, the American English pronunciations of
Latin that we provide do not and cannot purport to establish a single authori-
tative pronunciation for each entry included here. There is no single wrong way
to speak Latin. Language is organic, and a variety of pronunciations may
successfully convey the speakers meaning in terms of content and possibly
even style. There is, indeed, something anomalous in offering an authoritative
pronunciation of terms that are so diversely mispronounced by speakers of a
language with significant regional variations.
The absence of uniformity is greater still when one considers pronunciations
outside the United States. European, Australian, and British speakers pro-
nounce Latin terms in ways that differ significantly from American pronuncia-
tions. This baffling diversity is the main reason, other than the love of pedantry,
5
H.A. Kelly, Lawyers Latin: Loquenda ut Vulgus?, 38 J. Legal Educ. 195, 203 (1988).
xv
for preferring restored Latin pronunciations. Nonetheless, common American
pronunciations for the terms are provided here for those in search of a more or
less accepted vulgar pronunciation.
Before presenting the alternative keys to pronunciation for restored and
English pronunciations, it is important to note the following common mark-
ings:
An accent mark follows the syllable on which the accent falls. For example, in sub
poena, the accent falls on the poe syllable.
- A hyphen is sometimes used purely for clarity where multiple adjacent vowels may
be confused with diphthongs. For example, the pronunciation of the word tertii
is written trt- to make clear that the first e and second e are each separately
pronounced, not combined into a single ee sound.
The remaining rules of pronunciation depend on whether the restored or

American English system is used.
Regarding the phonemic alphabet offered for these pronunciations, we note
the divergence in practices among lexicographers and the relative obscurity of
the symbols used in the widely accepted International Phonetic Alphabet (IPA)
for English. The IPA uses the unfamiliar mark for the sh sound in
should, for example, and chooses j to represent the sound y in yearn.
The less arcane alternative, the American Phonetic Alphabet (APA), offers
more intuitive consonant phonemes for the American audience, but its vowel
phonemes are often surprising. The APA uses the letter i, for example, to
represent the sound of ea in beat instead of the more intuitive e or , and
it uses e to represent the sound of a in state instead of a or . In
preference to these conventions, we have adopted a key that is unique, but, we
hope, more universally appealing to an American audience. This key is based
loosely on a combination of some of the IPAs vowel phonemes and some of the
APAs consonant phonemes. Occasionally we choose idiosyncratic symbols for
diphthongs for the sake of clarity and ease of use. Some scrupulous phonologists
may be offended by the unorthodoxy of our approach, but our goal here is
accuracy and clarity for the benefit of the user of this work, not phonemic purity
for the linguist.
C L A S S I C A L ( R E ST O R E D) P R O N U N C I A T I O N
From what classics scholars know of Ciceronian Latin, it was pronounced with
vowels generally more open than in English and consonants always hard. The
following chart will aid in pronunciation as a general matter when the sound
differs from the English.
xvi pronunciation
letter/diphthong pronounced symbol as in...
a ah a Tall; Cop
ae or ai Eye; Tie
au ow How; Proud
c k k Cow; Sack
ch k-h kh Black heather
e ay Say; Ace
ei ayee Gray eel
eu ayoo Lay usage
g gh g Gate; Tag (never
like j)
i or j ee or y or y Tree; Key; Yes
ii ee-ee - Free eels
o oh Toe; Snow
oe or oy Boy; Moist
ph p-h p-h Slap hard (never
like f)
s s s Sip; Task (never
like z)
th t-h t-h Caught her
(never like th)
u or v oo or w True; West
ui oo-ee Dewy; Gluey
x ks ks Tricks (never
like z or gz)
y ew Lewd
Vowels can be spoken for a short or long duration (e.g., pater versus mater,
respectively) depending on their position in the word. But this level of techni-
cality goes well beyond the call of duty except insofar as it is necessary to
understand where the accent falls in words of three syllables or more. The
accent always falls on the first syllable in two-syllable words. In words of more
than two syllables, the accent always falls on the penultimate syllable if that
syllables vowel is long (as in amicus) and on the antepenultimate syllable if the
penultimate syllables vowel is short (as in quitas).
It will be noted that two pairs of letters are pronounced identically: (1) i and j;
and (2) u and v. The Latin alphabet does not contain the letter j. To ease
pronunciation for English speakers, the classical Latin i sometimes became j
in European and English Latin. Wherever either letter appears, however, the
pronunciation xvii
same sound is represented. This is equally true for u and v. Technically, the
classical Latin alphabet does not contain a u. Instead, the Romans used v to
represent something akin to the ooh sound. European and English Latin
differentiated the two in order to avoid long strings of vowels (just as with the
i and j distinction). Finally, other letters are missing from the Latin alpha-
bet, specifically, k, w, y, and z. These letters did not exist as such in
classical Latin. This guidebook does not distinguish between i and j organi-
zationally, but it does distinguish between u and v because the latter pair is
more often distinguished than the former and, in any case, they are pronounced
differently by American speakers.
Classical pronunciation is always presented in the Gotham-Bold open type
as boxed text.
AMERICAN ENGLISH PRONUNCIATION
Throughout Europe and in the United States, what you usually hear when
people try to speak Latin is an attempt at vulgar, also known as ecclesiastical,
Latin. Knowing approximately how to pronounce classical Latin is nice, but the
important thing is to make your meaning plain. That of course usually argues
for eschewing Latin altogether, but one is more likely to be understood and to
understand others if he or she is familiar with the English pronunciation that is
far more common in the United States than the classical. Due to variations in
the way Latin is pronounced by Americans, the pronunciations will merely be
those most common and consistent with other American English conventions.
As noted above, there is no one correct way to mispronounce Latin, so these
pronunciations are (as they must be) more in the way of suggestions or guide-
lines than iron laws. The following chart will aid in pronunciation of Latin as
spoken in the United States.
letter/diphthong pronounced symbol as in...

a ah a Tall; Cop
ay Say; Ace
a (mouth wide) Apple; Stand
uh u Minus; Second
ae or ay Say; Ace
ee Tree; Key
au ow How; Proud
auw Audience; Hollow
c (before , e, i or ) s s Sort; Class
c (before other letters) c k Cow (not like s)
ch ch Chase; Charge
xviii pronunciation
e eh e Jet; Pent
ee Tree; Key
e(r) Urge; Term; Bird
uh u Minus; Second
g g g Gate; Tag
zh Vision; Mirage
j j Just; Gesture
h h h Heart; Panhandle
i ai Eye; Tie
ee Tree; Key
ih i In; Fig
uh u Minus; Second
ii ai Eye; Tie
ee Tree; Key
j j j Just; Gesture
zh Vision; Mirage
ng ng J Bang
o oh Tote; Oats
ah a Box; Taut
ow How; Proud
uh u Minus; Second
oe or eh e Jet; Pent
ee Tree; Key
ph f f Telephone; Fairy
s s s Sort; Class
z z Chose; Zoo
zh Vision; Mirage
sh sh Short; Creation
t t t Taut; Route
sh Short; Creation
ch Future; Natural
th th fortis y Thin; Ether
th lenis This; Clothes
u oo Fool; Too
oe
u Put; Could
yoo y Popular; Use
uh u Minus; Second; Up
v v v Vice; Strive
pronunciation xix
x ks ks Tricks; Oxygen
gz gz Exit; Auxiliary
y y y You; Layer
z z z Xylophone; Xenon
There appears to be no uniform practice in the pronunciation of diphthongs

in English. The entries accordingly vary on a case-by-case basis.
English pronunciations are presented in Gotham-Bold open type with no
box and always immediately follow the classical pronunciation.
xx pronunciation
ETYMOLOGY AND
GRAMMAR KEY
................................
acc. Accusative (direct object) declension

adj. Adjective or adjectival phrase
adv. Adverb or adverbial phrase
B.C.E. Before the Common Era (formerly BCBefore Christ)
C.E. Common Era (formerly ADAnno Domini)
conj. Conjunction
fem. Feminine gender
ger. Gerund form of verb
imp. Imperative form of verb
inf. Infinitive form of verb
masc. Masculine gender
n. Noun or nominal phrase
N. Proper noun
pl. Plural
prep. Preposition
pro. Pronoun
s. Singular
v. Verb or verbal phrase
Ecc. Originating in ecclesiastical Latin
Faux False or recently invented, as opposed to proper, Latin
Cel. Originating in ancient Celtic rather than Latin
Gr. Originating in ancient Greek rather than Latin
Ital. Originating in modern Italian rather than Latin
Med. Originating in late or medieval, rather than classical, Latin
Neo. Neo-Latin originating in the Renaissance or later
() Parenthetical words may sometimes be excluded for the sake of
brevity
xxi
GUIDE TO LATIN IN INTERNATIONAL LAW
A
................................
A.R. An abbreviation of Anno regni.
A communi observantia non est recedendum. a kmmn bsrwant-a nn st

rkdndm. - or a kamyn absrvnt-u nan est resedendum. A common
practice must not to be abandoned. A maxim meaning that a customary
practice, once well established, creates an obligation of continued obser-
vance. See 1 Edward Coke, Institutes of the Lawes of England 186
(1628).
A contrario. a kntrar. - or a kantrar. adj. or adv. On the contrary.

(1) Contrary; contrarily; in the opposite sense. E.g., There cannot be an
obligation to extradite someone you choose not to try unless that person is
within your reach.These sensible realities are critical for the obligatory
exercise of aut dedere aut prosequi jurisdiction, but cannot be interpreted a
contrario so as to exclude a voluntary exercise of a universal jurisdiction.
Arrest Warrant of 11 April 2000 (Congo v. Belg.), 2002 I.C.J. Rep. 3, 80, 57
(separate opinion of Judges Higgins, Kooijmans, and Buergenthal). (2) In
opposition. (3) Arrived at by negative reasoning or inference. E.g., [I]n May
1983 the assessment of the Intelligence Committeewas that the Contras
constitute[d] an independent force and that the only element of control
that could be exercised by the United States was the cessation of aid.
Paradoxically this assessment serves to underline, a contrario, the potential
for control inherent in the degree of the Contras dependence on aid.
Military and Paramilitary Activities in and Against Nicaragua (Nicar. v. U.S.),
1986 I.C.J. Rep. 14, 109. Contrast with A pari. See also Argumentum a
contrario.
In the
A contrario sensu. a kntrar sns. - or a kantrar sens. adj. or adv.
contrary sense. (1) In the opposite sense or meaning. (2) Arriving at a
contrary or opposite conclusion based on similar reasoning. A person reasons
1
A datu
a contrario sensu when he or she infers that a scenario opposite to one

addressed by a rule should accordingly be addressed by an opposite rule.
E.g., Similarly, a study of the domestic laws of various Statesalthough
most of them make a distinction between simple passage, sojourn in territo-
rial waters and entry into portsdoes not convey an impression clearly in
A favour of freedom of passage for warships, even if a large margin is allowed
for the always dangerous argument a contrario sensu. Corfu Channel Case
(U.K. v. Alb.), 1949 I.C.J. Rep. 4, 100, 30 ( Judge Azevedo, dissenting). See
also Argumentum a contrario.
From the date. Beginning from a specified

A datu. a dat. - or a dt. adv.
date and continuing therefrom.
A fortiori. a frtr. - or a frr. adv. From the stronger. Even more so; by
the same logic, to an even greater degree. E.g., The fact that in this
particular case the Parties could not even agree upon the applicable legal
rules shows that a fortiori they could not agree on any particular [maritime
delimitation] line which might follow from the application of appropriate
rules. Barbados v. Republic of Trinidad & Tobago, Permanent Ct. of Arb.,
Award of Apr. 11, 2006, 198, 45 I.L.M. 800, 833 (2006). Compare with
A multo fortiori.
A gratia. a grat-a. - or a gru. adv. or adj. From kindness. An alternative

formulation of Ex gratia.
A limine. a lmn. - or a limin. adv. From the threshold. From or at

the beginning; from inception. A motion or pleading a limine is one made
at the beginning of a litigation, such as an objection to the tribunals
jurisdiction. E.g., [T]he crime of genocide implies the cumulation of
two elementsthe material (the commission of the acts indicated a limine
in Article II of the Convention) and the subjective (the intention (dolus
specialis) to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such). Application of the Convention on the Prevention
and Punishment of the Crime of Genocide (Bosn. & Herz. v. Yugo.), 1993 I.C.J.
Rep. 325, 460 ( Judge ad hoc Krea, dissenting). Compare with Ab initio, In
initio, and In limine.
A maiore ad minus. a mayr ad mns. - or a mjr d mnus. From the

greater scale to the lesser. From the larger or more general to the smaller or
more specific. This is a type of reasoning based on the proposition that what
is true in general, for a larger quantity, or for a more important consequence,
must also be true specifically, for a smaller quantity, or for a less important
consequence. E.g., [T]he interpretation in question may be regarded as also
2 guide to latin in international law

A minore ad maius
following from reasoning a majore ad minus. Since the termination of

contracts for an indefinite period, with the period of notice stipulated in
the contract and in accordance with Article 47(2) of the CEOS, falls within
the discretion of the competent authority, no provision of the CEOS
prohibits that authority from restricting its power to terminate contracts,
in the interests of the staff, by means of contractual provisions. Karatzoglou A
v. European Agency for Reconstruction, E.C.J. Case No. T-471/04, Celex
No. 604A0471, 42. See Argumentum a maiore ad minus. See also A fortiori.
A maxima. a maksma. - or a mksimu. adv. From the maximum. To the
highest or outer boundary. A limit a maxima is the greatest extent allowed.
Treaties, for example, typically do not limit the obligations of the parties a
maxima with respect to each other, meaning that a state performing its duties
more generously or vigorously than required by the treaty would generally
not violate its legal obligations unless the performance acted contrary to the
intent or spirit of the treaty. Contrast with A minima.
A mensa (et thoro). a mnsa (t t-hr). - or a mensu (et yr). adj. From table
and hearth. Relating to or authorizing the separation of spouses. A divorce a
mensa et thoro does not technically dissolve the marriage, but merely pro-
claims that the spouses are not legally obligated to live together. Contrast
with A vinculo (matrimonii).
A minima. a mnma. - or a minimu. adv. From the minimum. To the lowest
or least boundary; to the minimal extent. E.g., Acting a minima, the Court
could in effect have avoided seeking to call into question the underlying
reasoning of the Weightman report; it could instead simply have sought to
draw all the conclusions necessarily flowing therefrom, rather than only certain
of them, as the British Government had already done. Maritime Delimitation
and Territorial Questions (Qatar v. Bahr.), 2001 I.C.J. Rep. 40, 164, 53 ( Judges
Bedjaoui et al., dissenting). Contrast with A maxima.
A minore ad maius. a mnr ad mays. - or a mnr d mjus or -mayus.
From the lesser scale to the greater. From the smaller or more specific to
the larger or more general. This is a type of reasoning based on the proposi-
tion that what is true in a specific case or for a smaller quantity must also be
true in general or for a large quantity. E.g., If in the case of the profession of
hospital administrator the Court regards university education and training
lasting three years and additional post-secondary education and training lasting
two years as a diploma as defined in the directive on higher-education diplomas,
this would have to apply a minore ad maius in the case of the profession of
director of voluntary sales of chattels by public auction since the education and
training for this profession requires, in addition to a post-secondary training
guide to latin in international law 3

A multo fortiori
period, not only one but two university qualifications (education in law and
history or archaeology or art) and consequently this education and training
would a fortiori have to constitute a diploma. Price v. Conseil des Ventes
Volontaires de Meubles Aux Enchres Publiques, E.C.J. Case No. C-149/05,
[2006] E.C.R. I-7691, 53. See Argumentum a minore ad maius.
A
adv. From the much
A multo fortiori. a mlt frtr. - or a mlt frr.
stronger. Even more so to a much greater degree; by the same reasoning
leading to a much more compelling argument. Compare with A fortiori.
A pari. a par. - or a par. adv. Equally. (1) Equally; in equal measure.

(2) Similarly; based on similarity. When used with respect to reasoning or an
argument, the term means that one kind of reasoning or argument, or the
facts upon which it is based, applies to another reasoning or argument, or its
facts, because of their similarity. E.g., [T]he differences in the legal regime
and in the texts of Articles 62 and 63 are so clear and significant that it does
not seem possible to treat them as complementary, nor is it a convincing
method of interpretation to invoke the text of one of these articles by
arguments a pari or a contrario in order to reach a certain conclusion in
respect of the other provision. Continental Shelf Case (Libya v. Malta), 1984
I.C.J. Rep. 3, 58, 10 (separate opinion of Judge Jimnez de Archaga).
Compare with Ex pari. Contrast with A contrario. See also Pari passu.
A pari passu. a par pass. - or a par ps. adv. From equal pace. An
alternative formulation of In pari passu.
A piratis (et latronibus) capta dominium non mutant. a prats (t latrnbs)

kapta dmn-m nn mtant. - or a pirtis (et ltranibus) kptu dumin-um nan
mytant. The ownership of things captured by pirates (and thieves) does not
change. An alternative formulation of Pirata non mutat dominium.
adj. or adv. From what follows.

A posteriori. a pstrr. - or a pastrr.
(1) A kind of inductive reasoning by which one derives theories or principles
from the empirical observation. In positive law practice, a posteriori reasoning
is used to generate predictions of general legal rules from specific judicial
decisions in various cases. E.g., In drawing into international law the
benefits of the insights available from other cultures, and in looking to the
past for inspiration, international environmental law would not be departing
from the traditional methods of international law, but would, in fact,
be following in the path charted out by Grotius. Rather than laying down
a set of principles a priori for the new discipline of international law, he
sought them also a posteriori from the experience of the past, searching
through the whole range of cultures available to him for this purpose. The

Ab abusu ad usum non valet consequentia
Gabcikovo-Nagymaros Project (Hung. v. Slovak.), 1997 I.C.J. Rep. 7, 96

(separate opinion of Judge Weeramantry). (2) Relating to something that
can only be derived from practical experience; relating to actual conse-
quences, as opposed to theory. E.g., The methods used involve both the a
priori use of equity to work forwards towards a possible result and the
a posteriori use of equity to test a result thus reached. Maritime Delimitation A
in Area Between Greenland and Jan Mayen (Den. v. Norway), 1993 I.C.J. Rep.
38, 181, 10 (separate opinion of Judge Weeramantry). (3) This term is often
mistakenly used in place of Ex post or Ex post facto. Contrast with A priori.
adj. or adv. From the former. (1) Derived by

A priori. a prr. prr.
deductive reasoning from self-evident or assumed propositions; derived
by a chain of reasoning starting at general propositions to deduce specific
conclusions. (2) Presumptive(ly) and definite(ly), without examination or
further consideration or attention to consequences or evidence. E.g., Tri-
nidad and Tobago argues, There is no indication in the travaux of the
[France-Dominica maritime boundary delimitation] agreement that the line
stopped because of some a priori rule of international that you cannot go
within 200 nm of another State. Barbados v. Republic of Trinidad &
Tobago, Permanent Ct. of Arb., Award of Apr. 11, 2006, 177, 45 I.L.M.
800, 830 (2006). Contrast with A posteriori.
A quo. a kw. a kw. adv. From which. From which an appeal is made.
A tribunal a quo is the tribunal from whose judgment the parties are
appealing. See also Dies a quo and Terminus a quo. Contrast with Ad quem.
A scintilla iuris. a skntl la yrs. - or a sinti lu jris. adv. From the glimmer of
right. (1) A legal right of uncertain existence or small force. E.g., [I]f
subsequent conduct can disqualify the waiver, the conduct must either be
assessed at the moment (a scintilla juris) after the delivery of the waiver, or at
some other time. Waste Management, Inc. v. Mexico, ICSID Case No. ARB
(AF)/98/2, Award of June 2, 2000, 54 (K. Highet, dissenting). (2) A right
arising from a legal fiction. In medieval English law, scintilla juris was a
specific kind of legal fiction applicable to the transferee of an estate in fee
simple.
A vinculo (matrimonii). a wnkl (matrmn-). - or a vinkyl (mtrimn).

From the chains of marriage. Relating to or authorizing the dissolution of a
marriage. A divorce a vinculo matrimonii terminates the marriage and
empowers the spouses to remarry. Contrast with A mensa (et thoro).
Ab abusu ad usum non valet consequentia. ab abs ad sm nn walt kn-

skwnt-a. b byz d yzum nan vlet kansekwenu. A progression from

Ab ante
abuse to use is ineffective. A maxim meaning that the use or application of a

principle or other thing or idea may lead to invalid or undesirable conse-
quences if the principle or thing is not used or applied judiciously and with
adequate discrimination.
A Ab ante. ab ant. b nt. adv. From before. Done in advance or prior to a

relevant event. An alternative formulation is Ab antecedente. See also Ex ante.
Ab antecedente. ab antkdnt. b ntsedent. adv. From the preceding. An

alternative formulation of Ab ante.
Ab antiquo. ab antkw. b ntikw. adv. Neo. From antiquity. Having been

so since ancient times; having a temporally distant origin. E.g., As regards
the claim of the Jews to be allowed to bring appurtenances to the Wall, such as
benches, chairs, a screen, etc., that is not based on any established custom still
less on a habit ab antiquo, for the Arabs, they say, and before them the Turks,
have always protested against such innovations as appears from the above-
mentioned documents of the years 1840 and 1911. Report of the U.K. Commn on
the Wailing Wall, Dec. 1930, UN Doc. A/7057Add.1S/8427/Add.1 (1968).
Compare with Ab initio mundi and Ab olim. See also Ab initio.
Ab extra. ab kstra. b ekstru. adv. From outside. Originating from an outside

source; originating from a third party. E.g., The [UN General] Assembly
can only exercise powers conferred upon it or derived aliunde or ab extra
provided it keeps within the limits of its constitutional role under the
structure of the Charter. Advisory Opinion on Legal Consequences for States
of the Continued Presence of South Africa in Namibia (South West Africa)
Notwithstanding Security Council Resolution 276 (1970), 1971 I.C.J. Rep. 16,
284, 97 (Judge Fitzmaurice, dissenting). Compare with Aliunde.
adv. By the
Ab identitate rationis. ab dnttat ratns. b dentitt rnis.
same reasoning. Using the same kind or method of reasoning.
Ab inconvenienti. ab nknwn-nt. b inkunvnyent. adj. From what is

inconvenient. Due to inconvenience. The judicial doctrine of forum non
conveniens is based on considerations ab inconvenienti, because it relies on the
inconvenience of the forum to the parties as a basis for referring the case to a
different jurisdiction. See also Argumentum ab inconvenienti and Forum
non conveniens.
Ab initio. ab nt. b ini. adv. From the beginning. From or at the

beginning; originally; from inception. The term does not imply that the
situation existing ab initio continues into the present or has terminated. E.g.,
[T]he Congo claims that the arrest warrant was issued in violation of the

Absit verbo invidia
immunity of its Minister for Foreign Affairs, that that warrant was unlawful
ab initio, and that this legal defect persists despite the subsequent changes in
the position occupied by the individual concerned. Arrest Warrant of 11 April
2000 (Congo v. Belg.), 2002 I.C.J. Rep. 3, 12, 25. Compare with A limine, In
initio, and In principio. See also Ab antiquo and Ab initio mundi.
A
Ab initio mundi. ab nt mnd. b iniy mund. adv. From the beginning
of the world. (1) Always, as when a state or practice always existed and has
always existed. (2) Beginning in ancient or very early times. Compare with Ab
antiquo. See also Ab initio.
By the unwilling person. (1) Involuntari-

Ab invito. ab nwt. b invt. adv.
ly; unwillingly. (2) Done or performed by an unwilling party. For example, a
treaty signed ab invito may still be binding if the objecting party was not
coerced through threat of force.
Ab novo. ab nw. b nv. adv. Newly. An alternative term for De novo.
Of old; formerly. (1) In distant times. (2) By

Ab olim. ab lm. b lim. adv.
long tradition. Compare with Ab antiquo.
Aberratio ictus. abrrat kts. br iktus.n. Diversion of the blow. A

harm accidentally inflicted on a party as a result of an action directed
at a different party. E.g., Criminal law does not admit of a reduction of
sentence in the case of aberratio ictus. The Corfu Channel Case (U.K. v. Alb.),
1949 I.C.J. Rep. 4, 95, 23 (Judge Azevedo, dissenting).
n. Envoy. An envoy or other diplomatic

Ablegatus. ablgats. ablegtus.
representative ranked below the level of ambassador.
n. Abrogation of law. A law

Abrogatio legis. abrgat lgs. brg lejis.
that has been repealed or is otherwise no longer in force.
Absente reo. absnt r. bsent r or -r. adv. The defendant being

absent. The defendant not being present at the proceeding. E.g., On 18
September 1992, the District Court of Metz sentenced DZ absente reo to one
years imprisonment for failing to return the children and issued a warrant for
his arrest. Ignaccolo-Zenide v. Romania, 31 E.H.R.R. 7, 218, 20 (2001).
May hostility
Absit verbo invidia. abst wrb nwd-a. bsit vrb invid-u.
be absent from my words. An imprecation that the listener or reader take
the speakers or writers words as an expression without hostile intent. E.g.,
[S]ubjects, in as far as their obedience is a matter of private benefit to the
sovereign, may, without any real impropriety (absit verbo invidia,) be con-
sidered as subjects of his property. Jeremy Bentham, The Principles of

Absoluta sententia expositore non indiget
International Law: Essay II, in 2 the Works of Jeremy Bentham 542

( John Bowring ed., 1843).
Absoluta sententia expositore non indiget. abslta sntnt-a kspstr nn
ndgt. bsltu sentenu ekspazitr nan indijet. A complete statement
A requires no interpreter. A maxim meaning that clear and unambiguous

text should be read according to its plain meaning rather than with reference
to secondary sources of interpretation. See the Vienna Convention on the
Law of Treaties art. 31, May 23, 1969, 1155 U.N.T.S. 331.
Absque. abskw. bskw. prep. Without. Without; in the absence of.
Absque dubio. abskw db. bskw dby. adv. Without doubt. (1) Most
probably. (2) Indubitably; unquestionably.
Absque iniuria. abskw nyr-a. bskw injr-u. adv. Without wrong.
Without a violation of a legally recognized right. Something done absque
iniuria does not violate international law and can give rise to no liability. See
also Damnum absque iniuria.
Absque iniuria damnum. abskw nyr-a damnm. bskw injr-u dmnum. n.
Injury without a wrong. An alternative formulation of Damnum absque
iniuria.
Abstinentia guerrarum. abstnnt-a gwrrarm. abstinenu gwerarum. n. Neo.

Abstention from war. The state of immunity from attack and absence of any
duty to attack, usually conferred by treaty. Abstinentia guerrarum differs from
true neutrality in that it may allow deviations from customary neutral duties and
rights while nonetheless guaranteeing that the state in question will not be
attacked. Note that guerrarum is not a proper Latin term. E.g., [S]tates
recognised a condition of abstention from hostilities, whether these were
deemed justly or unjustly undertaken, as a possible position for other states to
adopt in such cases as were covered by the signature of an abstinentia guerrarum
on their part with other contractants. Geoffrey Butler and Simon Maccoby,
the Development of International Law 231 (1928).
Abundans cautela non nocet. abndans ktla nn nkt. abundnz ktelu nan
naset. Abundant caution does no harm. A maxim counseling that great
caution or care, or an excess of it, is preferable to an insufficiency of it. See also
Ad abundantiorem cautelam and Ob maiorem cautelam.
Accessio. akkss. ksesy. n. Approach. (1) Accession. (2) Lawful inheri-

tance of a right or thing. (3) In Roman civil law, the increase in size of an
existing property by the addition of a smaller property. See also Accessio
cedit principali.

Actio
Accessio cedit principali. akkss kdt prnkpal. ksesy sdit prinsupl.

An addition to the principle thing becomes part of it. A maxim meaning
that a subordinate thing that is attached to a principal thing loses its
independence or identity by merger with the principal thing. E.g.,
[A]nnexes to an application are accessories to that application and follow
the general legal principle of accessio cedit principali. Opinion of Advo- A
cate General Trstenjak, Ingenieurburo Michael Weiss & Partner GbR v. Indus-
trie- & Handelskammer Berlin, E.C.J. Case No. C-14/07, Celex No.
607C0014, 58.
Accessorium non ducit, sed sequitur principalem. akkssr-m nn dkt, sd

skwtr prnkpalm. ksesr-um nan dsit, sed sekwitr prinsiplem. The
accessory does not lead, but rather follows, the principal. A maxim, origi-
nating in the Roman doctrine of accessio, meaning that an accessory thing (res
accessoria) follows or is treated similarly to the principal thing (res principalis).
The maxim has broad application in the fields of liability, property, and
elsewhere. Sometimes abbreviated Accessorium principali sequitur.
Accessorium principali sequitur. akkssr-m prnkpal skwtr. ksesr-um

prinsipl sekwitr. The accessory follows the principal. An abbreviated
form of Accessorium non ducit, sed sequitur principalem.
Accomenda. akkmnda. kmendu. n. Med. Commitment [of money or

goods]. In maritime law, the accomenda was a set of two contracts between
a cargo exporter and shipmaster to split the net profits earned from the sale of
the cargo at the port of destination. The first agreement (the mandatum)
authorized the shipmaster to sell the cargo on the exporters behalf; the second
(the contract of partnership) was a profit-sharing agreement. The Statutes of
the City of Genoa of 1678 authorized the use of the accomenda. This form of
contract is no longer used with any frequency. See also Mandatum.
Accommodatum. akkmmdatm. kmdtum. n. That which is suitable.

An alternative term for Commodatum.
Acta. akta. ktu. n. pl. Transactions. See Actum.
Acta publica. akta pblka. ktu publiku. n.pl. Public records. (1) In Roman
law, a public register (e.g., of land records, of transactions before the courts,
or of popular assemblies). (2) In modern civil law, matters of general or
public interest; official governmental matters.
Actio. akt. kty. n. Action at law. (1) A right to initiate a lawsuit.

(2) A lawsuit. (3) In Roman law, a charge, indictment or accusation, or the
spoken or written pleadings in a case.

Actio bonae fidei
Actio bonae fidei. akt bn fd. kty bn fd. n. [pl. Actiones bonae
fidei. aktns bn fd. knz bn fd.] Action at law in good faith.
In Roman law, a kind of lawsuit in which the judge (arbiter) is authorized to
consider equity and need not strictly apply the law in deciding the outcome
of the dispute. Contrast with Actio stricti iuris. See also Ex aequo et bono.
A
Actio contraria. akt kntrar-a. kty kantrar-u. n. Contrary action at law.
A counterclaim. Contrast with Actio directa.
Actio criminalis. akt krmnals. kty kriminlis. n. Criminal action at law.
A criminal action or prosecution.
Action at
Actio damni iniuria. akt damn nyr-a. kty dmn injr-u. n.
law for damages from wrongdoing. An action seeking recovery of damages
caused by an illegal or wrongful act resulting in some harm to the claimant.
Actio de iudicato. akt d ydkat. kty d jdikt. n. Action at law for a
judgment. A lawsuit seeking a binding judgment to resolve an existing
dispute, as opposed to one seeking an advisory opinion. E.g., [A]s procedure
has developed, the existence of purely declaratory awards has come to be
admitted, especially in Germany and the United States: the applicant is
contentfor some reasonto have his right declared, without desiring that
it shall subsequently be rendered effective; at the same time, however, he
retains the right to bring another action of a purely executory nature: actio de
judicato. Corfu Channel Case (U.K. v. Alb.), 1949 I.C.J. Rep. 4, 97, 26
( Judgment) ( Judge Azevedo, dissenting).
Actio directa. akt drkta. kty direktu. n. Direct action at law. (1) A
direct claim or action at law. Contrast with Actio contraria. (2) A claim or
lawsuit based on a formal or well-defined law. Compare with Actio stricti
iuris. See also De rigore iuris, Stricto iure, and Strictissimi iuris.
n. Action at law
Actio ex contractu. akt ks kntrakt. kty eks kantrkt.
from contract. A claim or lawsuit based on a cause of action arising under
contract. Contrast with Actio ex delicto.
n. Action at law from
Actio ex delicto. akt ks dlkt. kty eks dulikt.
wrongdoing. A claim or lawsuit based on a cause of action arising
from illegal conduct, tort, or other wrongdoing. Contrast with Actio ex
contractu.
n. Action at law
Actio exercitoria. akt ksrktr-a. kty eksrsitr-u.
relating to the business. A lawsuit against the owner or lessee of a vessel,
usually relating to contracts for the transportation of goods or carriage of
persons.

Actio personalis moritur cum persona
Actio finium regundorum. akt fn-m rgndrm. kty finyum rejund

rum. n. Action at law for the definition of boundaries. In Roman law, a
lawsuit brought to delimit the borders between neighboring properties
having a disputed boundary.
Actio in aequum et bonum concepta. akt n kwm t bnm knkpta. k
A
ty in ekwum et bnum kanseptu. n. [pl. Actiones in aequum et bonum con-
ceptae. aktns n kwm t bnm knkpt. knz in ekwum et bnum
kansept.] An action grounded on what is fair and just. In Roman law, a
lawsuit brought based on a tort, following which the aggrieved party and the
tortfeasor agreed to allow the court to resort to principles of justice and fairness.
The term appears in Justinians Digest (1.1.11) and the Institutes of Gaius.
n. The action at law of a con-
Actio indicati. akt ndkat. kty indikt.
victed person. A judgment, award, or conviction originating in one state
that is presented to the courts of another state for recognition or enforce-
ment.
n. Action at law for judgment.
Actio iudicati. akt ydkat. kty jdikt.
In Roman law, a lawsuit to enforce a judgment by execution on the defen-
dants property.
Actio non datur non damnificato. akt nn datr nn damnfkat. kty nan
dtr nan dmnifikt. An action at law is not given to one who is uninjured.
A maxim meaning that an injury must meet certain legal criteria to give rise
to a right of recovery against the alleged wrongdoer. If this condition is not
satisfied, a damnum absque iniuria is deemed to have occurred. E.g., [The
Claimant] has suffered no damage. Pursuant to the principle of actio non
datur non damnificato the Tribunal therefore finds that [the Claimant] no
longer has a cause of action. Futura Trading Inc. and The National Iranian
Oil Co., Award No. 2633243 (Oct. 30, 1986), 13 Iran-U.S. Cl. Trib. Rep.
99, 116. See also Damnum absque iniuria.
Actio personalis. akt prsnals. kt prsunlis. n. [pl. Actiones personales.
aktns prsnals. knz prsunlus.] Personal action at law. A private
right of action, as opposed to one invoking a state or governmental interest.
Contrast with Actio popularis.
Actio personalis moritur cum persona. akt prsnals mrtr km prsna.
kt prsnlus mritr kum prsnu. A persons action at law dies with the
person. A doctrine under which the rights and liabilities incurred by a
person during his life are extinguished with his death. This rule of civil law
has never been recognized in international law as depriving a successor state
of the right of standing to represent the nationals of its predecessor state.

Actio popularis
Actio popularis. akt pplars. kt papylerus. n. [pl. Actiones populares.

aktns pplars. knus papylarus.] Action at law of the people.
(1) A public or universal right to initiate a lawsuit or prosecution. In domestic
law, this term is often used to refer to a right of private citizens to bring a
legal action on behalf of the state, such as a qui tam action. E.g., Belgian law
A does not provide an actio popularis, but only allows victims and their relatives
to trigger criminal investigations through the procedure of a formal com-
plaint. Arrest Warrant of 11 April 2000 (Congo v. Belg.), 2002 I.C.J. Rep. 3,
130 n.96 (separate opinion of Judge Bula-Bula). (2) A right of action
belonging to the international community as a whole or to any person,
usually arising from a violation of a duty erga omnes. E.g., Although we
recognize that the existence of a so-called actio popularis in international law
is a matter of controversy, the observations of this Court in the Barcelona
Traction, Light, and Power Company, Limited casesuffice to show that the
question is one that may be considered as capable of rational legal argument
and a proper subject of litigation before this Court. Nuclear Tests (N.Z. v.
Fr.), 1974 I.C.J. Rep. 457, 521, 52 ( Judgment) ( Judges Onyeama et al.,
dissenting). Contrast with Actio personalis. See also Erga omnes.
n. Action at law in
Actio stricti iuris. akt strkt yrs. kt strikt jris.
strict right. A lawsuit invoking a formal positive right to a remedy based on
a literal legal authority, without reference to equity or public policy, as when
seeking a remedy clearly defined in an applicable agreement or statute.
Contrast with Actio bonae fidei. See also Ius strictum, De rigore iuris, Stricto
iure, and Strictissimi iuris.
Actor allegans probat. aktr allgans prbat. ktr lejunz prbt. The plaintiff
provides the proof. The plaintiff bears the burden of showing that he has
stated a valid claim at law. E.g., Not only has [the Applicant] chosen the
wrong forumthis Court not being one dealing with matters of substance
relating to possible individual criminal responsibilityit has failed, more-
over, to provide proof of such responsibility. It should be remembered that
actori incumbit probatio, but also that allegans probat. Arrest Warrant of 11
April 2000 (Congo v. Belg.), 2002 I.C.J. Rep. 3, 124, 73 (separate opinion of
Judge ad hoc Bula-Bula).
Actor forum rei sequitur. aktr frm r skwtr. ktr frum r sekwitr.
The plaintiff follows the matters forum. An alternative formulation of
Actor sequitur forum rei.
Actor sequitur forum rei. aktr skwtr frm r. ktr sekwitr frum r.
The plaintiff follows the matters forum. A maxim meaning that a claimant
must seek redress before a tribunal having competent jurisdiction over the

Actum imperii
matter or respondent at issue, usually meaning at the domicile or place of

business of the respondent. E.g., The provision embodies the adage actor
sequitur forum rei, commonly accepted in comparative law, which favours the
protection of the rights of the defendant for whom it is more difficult to
mount a defence in the courts of a foreign country. Opinion of Advocate
General Colomer, Reisch Montage AG v. Kiesel Baumaschinen Handels A
GmbH, E.C.J. Case C-103/05, [2006] E.C.R. I-6827, 21. An alternative
formulation is Actor forum rei sequitur.
Actori incumbit (onus) probandi. aktr nkmbt (ns) prband. ktr
inkumbit (nus) prbnd. The (burden of) proving weighs on the plaintiff.
An alternative formulation of Actori incumbit (onus) probatio.
Actori incumbit (onus) probatio. aktr nkmbt (ns) prbat. ktr
inkumbit (nus) prb. The (burden of) proof weighs on the plaintiff. A
doctrine allocating the burden of proof to the party bringing a charge or
instigating a legal action. E.g., Not only has [the Applicant] chosen the wrong
forumthis Court not being one dealing with matters of substance relating to
possible individual criminal responsibilityit has failed, moreover, to provide
proof of such responsibility. It should be remembered that actori incumbit
probatio, but also that allegans probat. Arrest Warrant of 11 April 2000 (Congo
v. Belg.), 2002 I.C.J. Rep. 3, 124, 73 (separate opinion of Judge ad hoc Bula-
Bula). An alternative formulation is Actori incumbit (onus) probandi.
Actori incumbit (onus) probatio, reus in excipiendo fit actor. aktr nkmbt
(ns) prbat, rs n ks-kp-nd ft aktr. ktr inkumbit (nus) prb,
res in eksipyend fit ktr. The (burden of ) proof weighs on the plaintiff, but
the defendant in objecting becomes a plaintiff. A maxim meaning that,
when the respondent denies a claimants offer of proof, the burden of proof
shifts to the respondent to refute the claimants evidence.
Actum. aktm. ktum. n. [pl. Acta. akta. ktu.] Transaction. (1) A transac-
tion. (2) The official record of a transaction, such as a deed or decree.
Actum gestionis. aktm gstns. ktum jestnus. n. [pl. Acta gestionis. akta
gstns. ktu jestnus.] Act of behavior. A private act; an act of the kind
performable by private citizens. E.g., [T]he use of a car in ordinary traffic
belonged to the sphere of private law, so that an actum gestionis and not an
actum imperii was concerned. Paul Abel, State Immunity, 11 Intl & Comp.
L.Q. 840, 841 (1962). Compare with Actum iure gestionis. Contrast with
Actum imperii.
Actum imperii. aktm mpr-. ktum impr. n. [pl. Acta imperii. akta mp
r-. ktu impr.] Act of the sovereign. An act of state manifesting its

Actum iure gestionis
power as sovereign; a public act. E.g., An actum imperii is to be assumed if

the organ of the state and the other party do not stand on the same level
[because the other party is a private person]. Paul Abel, State Immunity,
11 Intl & Comp. L.Q. 840, 841 (1962). Compare with Actum iure imperii.
Contrast with Actum gestionis.
A
Actum iure gestionis. aktm yr gstns. ktum jr jestnus. n. [pl. Acta
Act of the right of
iure gestionis. akta yr gstns. ktu jr jestnus.]
behavior. An act of the kind performable by private citizens, which under a
restrictive theory of sovereign immunity can give rise to a cause of action in a
foreign court even if undertaken by a sovereign. E.g., The original concept
of absolute [state] immunity, based on statushas been replaced by that of
restrictive immunity; within the latter a distinction was made between acta
jure imperii and acta jure gestionis but immunity is granted only for the
former. The meaning of these two notions is not carved in stone, however;
it is subject to a continuously changing interpretation which varies with time
reflecting the changing priorities of society. Arrest Warrant of 11 April 2000
(Congo v. Belg.), 2002 I.C.J. Rep. 3, 8485, 72 (separate opinion of Judge
Higgins). Contrast with Actum iure imperii. See also Iure gestionis and De
iure gestionis.
Actum iure imperii. aktm yr mpr-. ktum jr impr. n. [pl. Acta iure
Act of sovereign right. An
imperii. akta yr mpr-. ktu jr impr.]
act of the kind that only a sovereign may undertake, which generally cannot
give rise to a cause of action in a foreign court under principles of foreign
sovereign immunity. Compare with Actum imperii. See example of usage
under, and contrast with, Actum iure gestionis. See also Iure imperii, De
iure imperii, and Par in parem non habet imperium.
Actus. akts. ktus. n. Act. An act; something accomplished or in the

process of being accomplished by activity.
Actus non facit reum, nisi mens sit rea. akts nn fakt rm, ns mns st ra.
ktus nan fsit rum, niz menz sit ru. The act does not make evil unless the
spirit is evil. A doctrine providing that an act is not culpable (e.g., criminal)
unless performed with malignant intent. In international law, this doctrine
applies most commonly to the crime of genocide, which is said to require a
specific intent (mens rea) to extinguish a defined group. See also Dolus
specialis and Mens rea.
Actus reus. akts rs. ktus rus. n. Guilty act. The physical conduct
element of a criminal offense. Most crimes have both a conduct component
(actus reus) and a mental or intent component (mens rea). E.g., Members of

Ad casum
the joint criminal enterprise used or cooperated with others, including those
under their command or effective control, to facilitate or carry out the actus
reus of crimes against the Serbian civilian population and civilian property.
Prosecutor v. Markac, ICTY Case No. IT-06-90-T, Indictment of Mar. 12,
2008, 16. See also Mens rea.
A
Ad abundantiam. ad abndant-am. d bundntyum. adj. To abundance.
(1) To a great degree; in great measure. (2) For the purpose of showing a
great profusion. E.g., The European Communitiesmaintains that, ad
abundantiam, it submitted and will submit as further evidence additional
contextual documentation and information. United StatesSections
301310 of the Trade Act of 1974, Panel Report of Dec. 22, 1999, WTO
Doc. WT/DS152/R, at 32, 4.93.
Ad abundantiorem cautelam. ad abndantrm ktlam. d bundntyrum k
telum. adv. For a great abundance of caution. Done with exceeding care to
prevent possible, if unlikely, negative consequences. Compare with Ob
maiorem cautelam. See also Abundans cautela non nocet.
Ad adiuvandum. ad adywandm. d djvndum. adj. For the encouragement.

Intervening in support of the position of a party to the case currently pending
before a tribunal. Contrast with, and see the example of usage in, Ad exclu-
dendum.
Ad aliud examen. ad al-d ksamn. d lyud egzmen. adv. To another

examination. To a different tribunal; to consideration by a different tribu-
nal. E.g., I apprehend it is not in the power of one of the parties, by leaving
the place, to draw the question of the marriage or contract, ad aliud examen,
to be tried by different laws than those of the place where the parties
contracted. They may change the forum, but they must be tried by the
laws of the country which they left. D. Mendes da Costa, The Formalities
of Marriage in the Conflict of Laws, 7 Intl & Comp. L.Q. 217 (1958) (quoting
Scrimshire v. Scrimshire, [1752] 2 Hag. Con. 395, 412). Sometimes abbreviated
Aliud examen.
Ad alium diem. ad al-m dm. d lyum dum. adv. To another day. To the
future; to be delayed for some time. In a treaty negotiation, for example,
parties might agree to delay consideration of the troublesome issues ad alium
diem in order to conclude negotiations of the less problematic aspects of the
treaty immediately.
Ad casum. ad kasm. d kzum. adv. For the case. Relating to the case or
cause of action. E.g., [C]an a reservation be made to the provision that
the boundary of the continental shelf shall be determined by agreement

Ad coelum (et ad inferos)
between the States concerned?.Obviously not, [because] this stipulation

should be read as the application ad casum of a general obligation of States.
North Sea Continental Shelf Case (F.R.G. v. Den. & Neth.), 1969 I.C.J. Rep.
3, 223 ( Judge Lachs, dissenting).
A Ad coelum (et ad inferos). ad klm (t ad nfrs). d slum (et d infrz). adv.

To the heavens (and to the depths). Upward (and downward) to a great
distance or without limit. The term is most commonly used to refer to the
jurisdiction of a state over its territory, which theoretically includes the airspace
above that territory and the soil and substrate of the territory to the center of the
Earth. An alternative formulation is Usque ad coelum. See also Ad inferos and
Cuius est solum eius est usque ad coelum (et ad inferos).
Ad confirmandam iurisdictionem. ad knfrmandm yrsdktnm. d kanfr-

mndum jrisdiknem. adv. For confirmation of jurisdiction. For the pur-
pose of confirming jurisdiction. E.g., On June 30 Bouygues issued a writ in
rem in the Supreme Court of South Africa against the tug.The Supreme
Court on July 25 made an attachment order ad fundandam jurisdictionem or
ad confirmandam jurisdictionem in in personam proceedings brought by
Bouygues against the tug-owners and Ultisol. Ultisol Transport Contracting
Ltd. v. Bouygues Offshore SA, [1996] 2 Lloyds Rep. 140, 140 QBD (Adm.)
(U.K.). Compare with Ad fundandam iurisdictionem.
Ad consimiles casus. ad knsmls kass. d kansimilz kzus. adv.To similar

cases. With reference to analogous or similar positions, situations, or con-
stellations of facts. Sometimes abbreviated Consimili casu. Compare with In
consimili casu.
Ad crumenam. ad krmnam. d krmenum. adj. To the purse. Relating to

wealth. See also Argumentum ad crumenam.
Ad curiam. ad kr-am. d kyr-um. adv. To the court. Regarding or directed

to the court or tribunal.
Ad damnum. ad damnm. d dmnum. adj. For the injury. Relating to a loss

caused by an injurious act. An ad damnum clause in a claim or petition states
the amount of damages sought by the claimant. E.g., [T]he petitioner filed a
motion to dismiss, assigning the following grounds, amongst others:the court
is without jurisdiction because thesum named in the ad damnum clause of the
complaint is not a true statement of complainants damages and is not alleged in
good faith. KVOS, Inc. v. Associated Press, 299 U.S. 269, 274 (1936).
Ad diem. ad dm. d dum. adv. To the day. On a specific date; on the date
expected. E.g., The [insurance] policy having been renewed and continued

Ad fundandam (iurisdictionem)
in force by the company for a yearwhen the note in question was given,
mere non-payment ad diem was not alone sufficient to effect an absolute
forfeiture of the insurance. Thompson v. Knickerbocker Life Ins. Co., 104 U.S.
252, 253 (1881). See also Ad horam.
Ad effectum (sequentem). ad ffktm (skwntm). d fektum (skwentem).
A
adv. To the (following) effect. Having the effect or outcome to be de-
scribed.
Ad effectum videndi. ad ffktm wdnd. d efektum vidend. adv. To have
the effect of seeing. (1) Having an effect that remains to be seen. (2) In Latin
American legal practice, according to due process of law. E.g., In addition
to the writ of habeas corpus, the Government mentioned various remedies that
might possibly be invoked, such as appeal, cassation, extraordinary writ of
amparo, ad effectum videndi, criminal complaints against those ultimately re-
sponsible and a presumptive finding of death. Velasquez Rodriguez Case, Inter-
Am. Ct. Hum. Rts., Judgment of July 29, 1988, 28 I.L.M. 291, 304, 52 (1989).
Ad excludendum. ad ks-kldndm. d eks-kldendum. adj. For the exclusion.
Intervening in opposition to the position of a party to the case currently pending
before a tribunal. E.g., Thus, what Italy will be submitting to the Court is
something described in municipal law as a principal or competing intervention,
or, as the Latin has it more aptly, an intervention ad excludendum, since Italy
wants the Court to exclude or reject Maltese and Libyan claims with respect to
certain sectors of the area in dispute in the case. An intervention ad excludendum
is to be distinguished from an intervention ad adjuvandum such as the one filed
by Fiji in the Nuclear Tests cases, in support of Australia and New Zealand
against France. To a greater extent even than this latter type of supporting
intervention, a competing intervention ad excludendum of the kind sought by
Italy has the inevitable consequence that not just one, but both original parties
would automatically become respondent States vis--vis Italy. Continental
Shelf Case (Libya v. Malta), 1984 I.C.J. Rep. 3, 67, 34 (separate opinion of
Judge Jimnez de Archaga).Contrast with Ad adiuvandum.
Ad fin. adv. An abbreviation of Ad finem.
Ad finem. ad fnm. d fnum. adv. To the end. Up to the end of the cited
material. Ad finem is a rarely used citation signal denoting that the referenced
material is to be found either on the page cited (meaning up to the end of the
page) or through and up to the end of the cited range of pages. Commonly
abbreviated Ad fin.
Ad fundandam (iurisdictionem). ad fndandam (yrsdktnm). d fundndum
(jrisdiknem). adv. For the foundation (of jurisdiction). Relating to or for

Ad hoc
purposes of creating the basis for the assertion of jurisdiction. Compare with,
and see the example of usage under, Ad confirmandam iurisdictionem.
Ad hoc. ad hk. d hak. adj. Neo. For this. For the specific purpose at hand,
without reference to wider application or use. An ad hoc committee is one
A formed to address a specific issue and without any intent to remain perma-
nently constituted. An ad hoc judge is appointed solely for a specific case; he
or she does not sit permanently on the tribunal. Similarly, ad hoc arbitration
is arbitration agreed upon to resolve a specific dispute rather than to govern
an ongoing treaty, contractual or other relationship between the parties. E.g.,
Article 281 [of the UN Convention on the Law of the Sea] applies where
Parties have agreed to seek settlement of their dispute by a peaceful means
of their own choice. Since it appears that Article 282 applies where the
Parties have a standing bilateral or multilateral dispute settlement agreement
which could cover the UNCLOS dispute which has arisen between them, it
would appear that Article 281 is intended primarily to cover the situation
where the Parties have come to an ad hoc agreement as to the means to be
adopted to settle the particular dispute which has arisen. Barbados v.
Republic of Trinidad & Tobago, Permanent Ct. Arb., Award of Apr. 11,
2006, 200(ii), 45 I.L.M. 800, 833 (2006).
Ad hominem. ad hmnm. d haminum. adj. To the man. Directed to
an individual personally, especially made with insulting intent or with-
out relevance to the issue under consideration. E.g., The EC has also
made play of the fact that one of the companies in the US industry was
Australian owned and is also an importer of wheat gluten from Australia. As
we pointed out in our submission, these facts are irrelevant to the matters
before the Panel. The ECs points amount to no more than an ad hominem
argument. United StatesDefinitive Safeguard Measures on Imports of Wheat
Gluten from the European Communities, Panel Report of July 31, 2000, WTO
Doc. WT/DS166/R, Attach. 3-1-2, at 381, 6. See also Argumentum ad
hominem.
Ad horam. ad hram. d hrum. adv. To the hour. (1) Punctually; on time.

(2) At a specific hour. See also Ad diem.
Ad horum. A common misspelling of Ad horam.
Ad hunc diem. ad hnk dm. d hunk dum. adv. To this day. Up to the
present day, as when a condition or state of affairs has continued to present
(at which point it may continue currently or may terminate).
Ad idem. ad dm. d dum. adj. To the same. (1) Relating to the same
matter. (2) Having the same opinion, belief, or view of a matter. E.g.,

Ad interim
[T]he fact that the parties are ad idem with regard to the normative element,
that is, the subject of their reciprocal obligations, is not in itself sufficient to
characterize this mutual and concordant manifestation of a common intent.
Fisheries Jurisdiction Case (Sp. v. Can.), 1988 I.C.J. Rep. 432, 56667, 33
( Jurisdiction) ( Judge Ranjeva, dissenting).
A
Ad impossibilia nemo tenetur. ad mpssbl-a nm tntr. d impasibilyu n
m tenetr. Nobody is held to the impossible. An alternative formulation of
Impossibilium nulla obligatio est.
Ad inferos. ad nfrs. d infrz. adv. To the depths. Downward to a great

distance or without limit. The term is most commonly used to refer to the
jurisdiction of a state over its territory, which theoretically includes the soil
and substrate of the territory to the center of the Earth. See also Ad coelum
(et ad inferos).
Ad infinitum. ad nfntm. d infintum. adj. or adv. To infinity. To an

infinite degree, distance, duration, etc. This term can be used in either a
literal or figurative sense. E.g., National regulations often lay down restric-
tions as to the number and tonnage of ships, the repetition of visits, etc.; this
is evidence of the menacing character of warships, and serves to controvert
the erroneous argument that if one ship is admitted, a second must also be
allowed and then a third and a fourth, ad infinitum. Corfu Channel Case
(U.K. v. Alb.), 1949 I.C.J. Rep. 4, 109, 39 (Merits) ( Judge Azevedo,
dissenting). An alternative formulation is In infinitum.
adv. By the
Ad instantiam partis. ad nstant-am parts. d instnum partis.
inducement of a party. At the request of a party to a case pending before a
tribunal. For example, a motion to dismiss a case brought ad instantiam
partis means that one of the parties to the case moved for the dismissal.
Contrast with Sua sponte.
Ad interim. ad ntrm. d intrim. adj. or adv. For the moment. (1) Tempo-
rary; temporarily. E.g., [F]rom the viewpoint of the Courts adjudication,
whether ad interim or final, what is vital is the positive pleading of Pakistan
that Bangla-Desh and not India is contesting Pakistans claim to exclusive
jurisdiction for the holding of trials of 195 prisoners of war. Trial of Pakistani
Prisoners of War (Pak. v. India), 1973 I.C.J. Rep. 328, 332 (Interim Measures)
(separate opinion of Judge Singh). (2) During the intermission or interven-
ing time. Between the tenures of officials, an official may be appointed to
serve ad interim until a new appointment can be made. The appointment of a
charg daffaires ad interim is a common international practice when a special
diplomatic representative is needed on an ad hoc basis.

Ad largum
Ad largum. ad largm. d larjum. adj. or adv. At large. Unconfined; free and

unrestrained; at large; at liberty.
Ad lib. An abbreviation of Ad libitum.
Ad libita. ad lbta. d libitu. adj. or adv. To ones wishes. An alternative

A formulation of Ad libitum.
Ad libitum. ad lbtm. d libitum. adj. or adv. To ones wishes. (1) In the

manner that appeals best to ones taste or preference. E.g., Lewald rightly
emphasizes the dangers that arise, once ordre public is upheld in respect of
State conventions. This would enable any State practically to restrict the
application of the convention ad libitum and, in such manner, to divest
the convention of practically its entire value. Martin Wolff, Das Inter-
nationale Privatrecht Deutschlands 70 (1949) (translated to English).
(2) Extemporaneous; extemporaneously. Commonly abbreviated Ad lib. An
alternative formulation is Ad libita. Compare with Ad voluntatem. See also Ex
tempore.
Ad litem. ad ltm. d litum or -ltum. adj. To/for the lawsuit. For purposes of
and during the specific lawsuit. When a guardian or representative is ap-
pointed ad litem to represent the interests of those unable to represent
themselves, such as children or the mentally handicapped, that person does
not assume the role of guardian generally, but rather with respect to the
litigation only. E.g., On April 19, 2002 in the main proceedings concerning
parental responsibility and access rights, the Mnster District Court ap-
pointed a lawyer of the Mnster Bar as curator ad litem to represent the
childrens interests in the proceedings. Haase v. Germany, 46 E.H.R.R.
SE20, 243 (2008). Compare with Pendente lite.
Ad loc. An abbreviation of Ad locum.
Ad locum. ad lkm. d lkum. adv. To the place. At the source or place.

This term is usually used as a citation signal to indicate that the source cited
is the same as one previously cited. E.g., The author argues in his book that
Grotius maintained a theocentric view of international law, and draws a
connection ad locum to Kants essay, Toward Eternal Peace. Sometimes
abbreviated Ad loc.
Ad manum. ad manm. d mnum. adj. or adv. At hand. On hand; conve-

niently situated for immediate use.
Ad modum. ad mdm. d mdum. adv. In the manner. (1) Using the same
method as. (2) In the manner of.

Ad rem
Ad nauseam. ad ns-am. d nz-um. adv. To nausea. To the point that the

subject matter under consideration provokes physical sickness. Usually used
as a hyperbolic substitute for ad infinitum, often for comical or sardonic
effect. E.g., The Canadian argument about the integrity of the legislation
has been invoked ad nauseam during the present incidental proceedings, yet
neither Canada nor the Judgment took the trouble to examine the issue. A
Fisheries Jurisdiction Case (Sp. v. Can.), 1998 I.C.J. Rep. 432, 652, 184
( Jurisdiction) ( Judge Bernrdez, dissenting).
Ad opus. ad ps. d pus. adv. To the work. On behalf of or for the benefit
of another person.
Ad perpetuam rei memoriam. ad prptam r mmr-am. d prpeum r
memr-um. adv. For a permanent record of the matter. To serve as a
permanent documentary record of a fact, settlement of a dispute, etc. E.g.,
The grant of asylum thus constitutes an admitted fact the circumstances of
which must be fixed, once and for all, ad perpetuam rei memoriam, in view of
any appreciation which may have to be made in the future. The Asylum Case
(Colom. v. Peru), 1950 I.C.J. Rep. 266, 345.
Ad personam. ad prsnam. d prsnum. adv. To a person. Relating to an
individual person. E.g., [W]hile the expropriation law in issue in Ruiz-Mateos
could be considered as ad personam legislation, in the present case the Autono-
mous Community Law of 1996 was of general application and did not concern
the applicants alone. Lizarraga v. Spain, 45 E.H.R.R. 45, 58 (2007).
Ad quem. ad kwm. d kwem. adv. To which. To which an appeal is made. A
tribunal ad quem is the tribunal to which a lower tribunals award or
judgment is appealed. See also Dies ad quem and Terminus ad quem.
Contrast with A quo.
Ad referendum. ad rfrndm. d refrendum. adv. For making a reference.
For further consideration or ratification. When a state representative exe-
cutes a legal instrument ad referendum, it is understood that, while the
signature may authenticate the text of the instrument, it does not bind the
state until the state has duty ratified the treaty (subject to any provisional
obligations). E.g., [T]he signature ad referendum of a treaty by a representa-
tive, if confirmed by his State, constitutes a full signature to the treaty.
Vienna Convention on the Law of Treaties, May 23, 1969, art. 12(2)(b), 1155
U.N.T.S. 331. See also id. art. 10(b). Compare with Sub spe rati.
Ad rem. ad rm. d rem. adv. To the thing. (1) Pertinently; germanely. (2) To
the point. (3) Relating to a matter or to property, as opposed to a person, as
in ius ad rem, a right respecting property. See also Nihil ad rem.

Ad singulorum utilitatem
Ad singulorum utilitatem. ad snglrm tltatm. d sylrum ytilittum.

adj. For the use of each individual. Concerning or relating to the individu-
al. According to Ulpian, this is the defining character of private law, as
opposed to public law. Contrast with Ad statum rei publicae spectat.
A Ad statum rei publicae spectat. ad statm r pblk spktat. d sttum r pub

lik spektt. It concerns the status of a public thing/the state. The subject
concerns the state or the public as a whole. According to Ulpian, this is the
defining character of public law, as opposed to private law. Contrast with Ad
singulorum utilitatem.
Ad valorem. ad walrm. d vulrum. adv. For the value. Based upon or

proportional to the monetary value of goods, technology, or services. Often
used in tax law as a basis for assessing taxes owed. In international practice,
customs duties are often calculated based on a percentage of the value of the
imported goods. E.g., Whenever an article is entered for sale under heading
9706 [Antiques of an age exceeding 100 years], and thereafter determined
to be not over 100 years of age, a duty of 6.6 percent ad valoremshall be
assessed thereon in addition to any other duty or penalty imposed on such
articles under the tariff schedule. Harmonized Tariff Schedule of the
United States ch. 97, Additional U.S. Note 2 (2007).
Ad voluntatem. ad wlntatm. d valunttem. adv. At will. According to ones
discretion or whim; without external constraint. Compare with Ad libitum.
Admiralitas. admraltas. dmurlitus. n. Admiralty. An alternative term for
Societas navalis.
Adventurae maris. adwntr mars. dvenr maris. n. pl. Med. Adventures

of the sea. Ship wreckage washed ashore (flotsam) or material cast overboard
from a distressed ship ( jetsam and lagan) to lighten the cargo and thereby avoid
sinking. See also Levandae navis causa.
Adversus. adwrss. dvrsus. prep. Contrary to. Against. Compare with Versus.
Adversus bonos mores. adwrss bns mrs. dvrsus bnus mrz. adj.
Contrary to good morals. An alternative formulation of Contra bonos
mores (et decorum).
Adversus omnes. adwrss mns. dvrsus amnz. adj. or adv. Contrary to

all. Against the opinions or interests of all others.
Adversus omni. A misspelling of Adversus omnes.
Aedificare in tuo proprio solo non licet quod alteri noceat. dfkar n t
prpr sl nn lkt kwd altr nk-at. edifikar in t prapr sl nan lset

Aequitas non facit ius, sed iuri auxiliatur
kwad ltr ns-t. It is impermissible to build within your own land that
which would harm anothers. A maxim meaning that one must refrain from
using ones territory or property in such a manner as to harm another (such as
a neighboring property owner or state). By extension, it is sometimes argued
that one must refrain from allowing others to make a similarly noxious use of
ones property against a neighboring state or property owner. See Corfu A
Channel Case (U.K. v. Alb.), 1949 I.C.J. Rep. 4, 22.
Equity. (1) Equity; fairness; impartiality. (2) A
Aequitas. kwtas. ekwitus. n.
system of law developed by courts to supplement the incomplete or some-
times harsh consequences of a strict application of law with considerations of
justice or fairness.
Equity in
Aequitas contra legem. kwtas kntra lgm. ekwitus kantru lejum.
opposition to the law. A maxim justifying the use of equity in derogation of
a legal rule to avoid an unintended or unjust result. Compare with Aequitas
praeter legem. Contrast with Aequitas intra legem. See also Aequitas sequi-
tur legem and Aequitas nunquam contravenit legem.
Aequitas est correctio legis generaliter latae qua parte deficit. kwtas st
krrkt lgs gnraltr lat kwa part dfkt. ekwitus est kurekty lejis jenr
litr lt kw part defisit. Equity is the correction of law that has been
legislated broadly in that part where it is defective. A maxim meaning
that a tribunal may use equity to create an exception to an overbroad law
to fulfill the intent of the law drafter or the needs of justice, although the
exception may not technically conform to the literal terms of the law.
Aequitas infra legem. kwtas nfra lgm. ekwitus infru lejum.n. Equity
under the law. Equity used to interpret the law in a manner that achieves
a most just result without violating or exceeding the scope of the law itself.
E.g., Equity may be applied only to fill in a gap. It could be aequitas infra
legem or aequitas secundum legem but not aequitas praeter legem or contra
legem. Territorial Dispute (Libya v. Chad), 1994 I.C.J. Rep. 6, 59, 29
(separate opinion of Judge Ajibola). Contrast with Aequitas contra legem
and Aequitas praeter legem.
Aequitas legem sequitur. kwtas lgm skwtr. ekwitus lejum sekwitr.
Equity follows the law. An alternative formulation of Aequitas sequitur
legem.
Aequitas non facit ius, sed iuri auxiliatur. kwtas nn fakt ys, sd yr ksl-a
tr. ekwitus nan fsit jus, sed jr kzilyutr. Equity creates no right, but aids
right. A maxim meaning that equity cannot be invoked to create a new
right, but rather to supplement or give meaning to an existing legal right.

Aequitas nunquam contravenit legem
Aequitas nunquam contravenit legem. kwtas nnkwam kntrawnt lgm. e

kwitus nunkwum kantruvenit lejum. Equity never contravenes the law.
A maxim meaning that equity supplements the law rather than overruling
it. Compare with Aequitas sequitur legem. Contrast with Aequitas contra
legem and Aequitas praeter legem.
A
Aequitas praeter legem. kwtas prtr lgm. ekwitus prtr lejum. n. Equity
apart from the law. Principles of equity used to fill in a gap or vagueness in
the law, without directly contravening any established legal principle. Com-
pare with Aequitas contra legem. Contrast with, and see the example of usage
in, Aequitas infra legem. See also Aequitas sequitur legem and Aequitas
nunquam contravenit legem.
Aequitas sequitur legem. kwtas skwtr lgm. ekwitus sekwitr lejum.

Equity follows the law. A maxim meaning that a tribunal sitting in equity
conforms equity to general rules and supplements (as opposed to supplants)
the law when necessary to arrive at a just decision. An alternative formulation
is Aequitas legem sequitur. Compare with Aequitas nunquam contravenit
legem and Lex respicit aequitatem. Contrast with Aequitas contra legem
and Aequitas praeter legem.
n. Conjugal affec-
Affectio coniugalis. affkt knygals. ufek kanjglis.
tion. The love that spouses bear for one another. Traditionally, one of the
expected attributes of a married couple.
Affirmanti (non neganti) incumbit probatio. affrmant (nn ngant) nkmbt
prbat. frmnt (nan negnt) inkumbit prb. The claimant (not the
respondent) bears the proof. A maxim meaning that a party asserting a
claim bears the burden of persuasion rather than the party denying the claim.
E.g., The Court has also recognised that Convention proceedings do not in
all cases lend themselves to a rigorous application of the principle affirmanti
incumbit probatio.In certain circumstances, where the events in issue lie
wholly, or in large part, within the exclusive knowledge of authorities, the
burden of proof may be regarded as resting on the authorities to provide a
satisfactory and convincing explanation. D.H. v. Czech Rep., Eur. Ct. Hum.
Rts. App. No. 57325/00, Judgment of Nov. 13, 2007, 179, 47 I.L.M. 38.
Affirmatio unius (est) exclusio alterius. affrmat ns (st) ks-kls altr-
s. frm n-us (est) eks-klz altr-us. The affirmation of one is the
exclusion of the other. An alternative formulation of Expressio unius (est)
exclusio alterius.
Aliamenta. al-amnta. l-umentu. n. Neo. Freedom of transit. In common

law, a freedom of transit, passage, or access to or through a territory or its

Aliunde
natural resources, usually for the accommodation of a tenant. By analogy, an

equitable servitude to transit through or access the land, water, or air of a
foreign state. This term is not attested in classical Latin.
Alieni generis. al-n gnrs. lyen jenris. adj. Of another kind. Of a kind
different than that previously discussed or referenced; of a foreign kind.
A
adj. Subject to anothers jurisdiction.
Alieni iuris. al-n yrs. lyen jris.
Subject to the authority or law of a foreign power or sovereign. Contrast with
Sui iuris.
Alio intuitu. al ntt. l intit. adv. In another respect. From another

point of view.
Aliquis non debet esse iudex in propria sua causa (quia non potest esse iudex
et pars). alkws nn dbt ss ydks n prpr-a sa ksa (kwa nn ptst
ss ydks t pars). likwis nan debet es jdeks in prpr-u su kzu (kwu nan
ptest es jdeks et parz). A person should not be a judge in his own matter
(because one cannot be a judge and a party). An alternative formulation of
Nemo debet esse iudex in (propria) sua causa.
adv. Otherwise. (1) Alternatively. (2) In a different

Aliter. altr. litr.
manner; with different characteristics. (3) Elsewhere. E.g., But Article 22
did not itself confer any Mandates, appoint any Mandatories, or define the
terms of any Mandates. This was done aliter, as will be seen. South West
Africa Cases (Eth. v. S. Afr.; Liber. v. S. Afr.), 1962 I.C.J. Rep. 319, 479
(Preliminary Objections). See also Aliter et aliunde.
Aliter et aliunde. altr t al-nd. litr et l-und. adv. Otherwise and from
elsewhere. In some other manner and with reference to (or in reliance on)
some other source of authority. E.g., Parties are in disagreementas to
whether Indias action in relation to Pakistan overflights was such as not to
involve the Treaties, but to be justifiable aliter et aliunde. Aerial Incident of
10 August 1999 (Pak. v. India), 2000 I.C.J. Rep. 12, 88 (2000). An alternative
formulation is Aliunde vel aliter. See also Aliter and Aliunde.
Aliud examen. al-d ksamn. l-ud egzmen. adv. To another examina-
tion. An abbreviation of Ad aliud examen.
Aliunde. al-nd. l-und. adv. Fromelsewhere. From a different source of
authority. E.g., The [UN General] Assembly can only exercise powers
conferred upon it or derived aliunde or ab extra provided it keeps within
the limits of its constitutional role under the structure of the Charter.
Advisory Opinion on Legal Consequences for States of the Continued Presence
of South Africa in Namibia (South West Africa) Notwithstanding Security

Aliunde vel aliter
Council Resolution 276 (1970), 1971 I.C.J. Rep. 16, 285. Compare with Ab extra.
See also Aliter et aliunde.
adv. From elsewhere

Aliunde vel aliter. al-nd wl altr. l-und vel litr.
or otherwise. An alternative formulation of Aliter et aliunde. E.g., The
A Court can see nothing in it that would take the clause outside the normal rule
that, in a dispute causing the activation of a jurisdictional clause, the
substantive rights themselves which the dispute is about, must be sought
for elsewhere than in this clause, or in some element apart from itand must
therefore be established aliunde vel aliter. South West Africa Cases (Eth. v. S.
Afr.; Liber. v. S. Afr.), 1966 I.C.J. Rep. 6, 65 (Second Phase).
pl. The acts of another. Acts by a third

Alius acta. als akta. l-us ktu. n.
party; the acts of a natural person, organization, or state other than the
parties currently before a tribunal.
Allegans contraria non audiendus est. allgans kntrar-a nn d-nds st.

legunz kantrar-u nan d-endus est. A person adducing to the contrary is not
to be heard. An alternative formulation of Allegans contraria non est audi-
endus.
Allegans contraria non est audiendus. allgans kntrar-a nn st d-nds.

lejunz kantrar-u nan est d-endus. A person adducing to the contrary is not to
be heard. A maxim meaning that a tribunal will not entertain contradictory
claims by the same party, or claims by a party contradictory to the partys own
conduct, in a single case. E.g., Whatever term or terms be employed to designate
this principle such as it has been applied in the international sphere, its substance
is always the same: inconsistency between claims or allegations put forward by
a State, and its previous conduct in connection therewith, is not admissible
(allegans contraria non audiendus est). Temple of Preah Vihear (Camb. v. Thail.),
1962 I.C.J. Rep. 6, 41 (Merits) (separate opinion of Vice President Alfaro). An
alternative formulation is Allegans contraria non audiendus est.
Allegans probat. See Actor allegans probat.
Allegatum. allgatm. legtum. n. That which is adduced. An allegation; a

fact alleged to be true in a complaint, petition, response, or other pleading.
Alluvio maris. allw mars. alv maris. n. Flood of the sea. Clay, silt,
sand, gravel, or similar material deposited by oceanic waters (as opposed to
river or other fresh waters), thereby building upon existing land by accretion.
Over time, such accretion may reduce the size of a river delta or extend
a coastal region, which in turn may change the distribution of a states land

Altum mare
and sea. Such geographic alterations have possible consequences for the
states international land and sea boundaries.
Alma mater. alma matr. almu matr. n. [pl. Almae matres. alm matrs. almu
mtrz.] Nourishing mother. An institution, especially a school, that one
has attended; an educational institution from which one has graduated.
A
Another I. A second name or identity of a
Alter ego. altr g. altr g. n.
legal or natural person, or of a state. In international practice, the term
sometimes expresses the control that a state exercises over, or the represen-
tative capacity in which a state acts on behalf of, its citizens or entities
incorporated in or formed by the state. It may also describe a foreign state
or government over which a principal state exercises control or influence.
E.g., From the viewpoint of functional differentiation a question arises
when shares are owned by two persons: the one, a nominee, whose name
is entered in the share register and who exercises rights as alter ego of the real
owner; the other, the beneficial owner, who enjoys rights as the real or
economic owner of the shares. Barcelona Traction, Light, and Power Co.,
Ltd. (Belg. v. Sp.), 1970 I.C.J. Rep. 3, 135 (separate opinion of Judge Tanaka).
Alternatim. altrnatm. altrntim. adv. Alternately. In turns; by alternation.
Alterum tantum. altrm tantm. altrum tntum. n. Another as great. A rule
of Roman law, sometimes held applicable in international law, that an award
of interest may not exceed the amount of principal due regardless of the
period during which the interest runs.
Alteruter. altrtr. altrytr. adj. One or the other; both. (1) Either of.
(2) One or another of.
Altum mare. altm mar. altum mar. n. The high seas. The high seas
generally, being the area of an ocean or sea beyond any states territorial waters.
In modern practice under the UN Convention on the Law of the Sea
(UNCLOS), the altum mare ends at the territorial sea, which usually extends
to 12 nautical miles from the states baseline, although in earlier times the
territorial sea had a lesser reach and the altum mare was accordingly more
extensive. Part VII of the UNCLOS defines state rights and obligations on
the high seas, but includes in this definition only oceanic waters outside of any
states exclusive economic zone (an area beyond and adjacent to the territorial sea
up to 200 nautical miles from the coastal states baseline) or archipelagic waters.
In modern international law, the high seas are an area closed off from claims
of state sovereignty and dedicated to the freedom of navigation, overflight,
fishing, scientific research, and other rights, although seabed mining rights
on the high seas are not unrestricted. See UNCLOS pt. VII, Dec. 10, 1982, 21

Alumna
I.L.M. 1245 (1982). An alternative formulation is Mare altum. See also Super
altum mare.
Alumna. almna. ulumnu. n. fem. [pl. Alumnae. almn. ulumn.] Pupil. (1) A
person who has graduated from a specific educational institution. (2) A
A person who is a former member or employee of an organization. The term
alumna applies only to a woman; alumnae applies to a group of two or more
women only. Compare with Alumnus.
Alumnae. See Alumna.
Alumni. See Alumnus.
Alumnus. almns. ulumnus. n. masc. [pl. Alumni. almn. ulumn.] Pupil. (1)
A person who has graduated from a specific educational institution. (2) A
person who is a former member or employee of an organization. The term
alumnus applies only to a man. The term alumni applies only to a group of
two or more, of which at least one must be a man. Compare with Alumna.
Alvei mutatio. alw- mtat. lv myt. n. Change of streambed. An
alteration in the flow of a watercourse such as a river or stream. Such
alterations may have consequences for international water rights, or for the
borders of states where a river defines an international land boundary.
Ambiguitas contra stipulatorem est. ambg-tas kntra stplatrm st. mbi-
gyitus kantru stipylutrem est. An ambiguity is construed against the
drafter. A canon of contract construction that dictates that vague or ambig-
uous terms or provisions should be interpreted in the manner most favorable
to the position of the party other than the one who drafted the document.
Ambiguitas latens. ambg-tas latns. mbigyitus ltenz. n.Latent ambigui-
ty. An ambiguity in a legal instrument that may not be readily apparent
from a superficial inspection but that becomes manifest upon an attempt to
interpret or apply a rule set forth in the instrument to unexpected facts. For
example, if a treaty provides for the sharing of water rights between Free-
donia and Ruritania with respect to all rivers and lakes crossing the borders
of the two states, and a Freedonian river formerly flowing into Ruritania
naturally changes course so that it remains entirely in Freedonia, the ambi-
guitas latens becomes evident as to whether the relevant watercourses are
(a) those existing at the time the treaty was adopted regardless of whether
they change course in the future, or (b) the watercourses as they exist at the
time of the claim. Contrast with Ambiguitas patens.
Evident ambi-
Ambiguitas patens. ambg-tas patns. mbigyitus ptenz. n.
guity. An ambiguity in the language of a legal instrument that is readily

Analogia proportionis
apparent from a plain reading. For example, a treaty providing for arbitration
of all disputes between the parties that specifies that the arbitral authority
will be the International Chamber of Stockholm suffers from an ambiguitas
patens as to whether the authority is to be the International Chamber
of Commerce or the Stockholm Chamber of Commerce. Contrast with
Ambiguitas latens. A
Ambiguum pactum contra venditorem interpretandum est. ambg-m pak
tm kntra wndtrm ntrprtandm st. mbigy-um pktum kantru vendit
rum intrpretndum est. An ambiguous agreement is construed against the
seller. A canon of private contract construction providing that vague or
ambiguous terms or provisions should be interpreted in the manner most
favorable to the position of the buyer. This canon is based upon the (often
erroneous) assumption that the seller has greater bargaining power than the
buyer. In modern private international law, this doctrine has usually given
way to the canon Ambiguitas contra stipulatorem est.
Amicus. amks. mikus or umkus. n. [pl. Amici. amk. mk or umk.]

Friend. Friend, meant literally or figuratively in the sense of an advocate or
ally. This term is sometimes used as an abbreviation of Amicus curiae.
Amicus curiae. amks kr-. mikus- or umkus kyr- or -kyr-. n.

Friend of the court. A nonparty to a litigation who contributes a written
submission or oral argument to a tribunal for the tribunals information,
either sua sponte with the tribunals consent or specifically at the request of
the tribunal, depending on the procedural rules in effect. E.g., For its part,
Indonesia argues that the objective of the Philippines is not to inform [the]
Court of its interests in the case before [it], but to draw the Courts attention
to another dispute, speculating that this might, perhaps, be of interest. At
best, the Philippines might appear as amicus curiae. Sovereignty over Pulau
Ligitan and Pulau Sipadan (Indon. v. Malay.), 2001 I.C.J. Rep. 575, 604, 85.
Sometimes abbreviated Amicus. Compare with Amicus publici.
n. Friend of the
Amicus publici. amks pblk. mikus- or umkus publik.
public. An advocate on behalf of the public interest. E.g., A matter of
conscience can impel the lawyer into a public arena. If he occupies a
prominent place in the community, his explanations as amicus publici further
close the gap [between the legal and popular views of a case]. W. Michael
Reisman, Nullity and Revision 77 (1971). Compare with Amicus curiae.
Analogia proportionis. analg-a prprtns. nuljyu pruprnis. n. Med.

An analogy of proportion. Analogy that is appropriate based on the
similarity or comparability of the key characteristic of the analogized subject.

Ancipitis usus
Ancipitis usus. ankpts ss. nsipitis yzus. n. pl. Double use. Dual-use
items; goods having both potential military and civilian uses, such as oil,
metal ore, and radar. Historically, some belligerent states in armed conflicts
aggressively claimed the right to intercept neutral ships bound for their enemies
and confiscate ancipitis usus as contraband. The notion of ancipitis usus as
A contraband has never, however, developed into rule of the customary interna-
tional law of war. E.g., For it being impossible to ascertain the final use of an
article ancipitis usus, it is not an injurious rule which deduces both ways the final
use from the immediate destination. The Jonge Margaretha, 1 Rob. 189 (High
Ct. Adm. 1799) (Lord Stowell) (U.K.). See also Usus bellici.
Animus. anms. nimus. n. Intention. (1) Spirit; disposition. (2) Intention to
do something (such as claim sovereignty over or abandon a territory). E.g.,
There is no reason to suppose that France has subsequently lost her right by
derelictio, since she never had the animus of abandoning the island, and the
fact that she has not exercised her authority there in a positive manner does
not imply the forfeiture of an acquisition already definitively perfected.
Sovereignty over Clipperton Island Case (Fr. v. Mex.), Award of Jan. 28,
1931, 26 am. j. Intl L. 390, 394 (1932). (3) Dislike; hatred. E.g., Underlying
much discrimination law is the notion that animus can lead to false and
unjustified stereotypes, and vice versa. Olmstead v. L.C. ex rel. Zimring, 527
U.S. 581, 611 (1999). Compare with Causa.
Animus aggressionis. anms aggrssns. nimus ugrenis. n. Neo. Intention
to attack. The intention to commit an act of aggression against another.
A harmful act directed against a state may not furnish a casus belli to the
aggrieved state in the absence of animus aggressionis.
Animus adiuvandi. anms adywand. nimus djvnd. n. Intention to as-
sist. The intention of a neutral state to assist a belligerent, either directly or
indirectly, in violation of its neutrality obligations under the international
law of war.
Animus belligerendi. anms bllgrnd. nimus belijrend. n. Intention to
fight. The intention of a state to engage in armed action against another.
E.g., Cerkez argues that there is no international armed conflict if
all belligerent parties deny the existence of it, thus lacking the animus
belligerandi [sic: belligerendi]. Prosecutor v. Kordic & Cerkez, ICTY Case
No. IT-95-14/2-A, Judgment of Dec. 17, 2004, 346.
Animus belligerandi. A misspelling of Animus belligerendi.
Animus capiendi. anms kap-nd. nimus kp-end. n. Intention to cap-
ture. An intention to seize or capture.

Animus donandi
Animus commerciandi. anms kmmrk-and. nimus kmrnd. n. Inten-

tion to trade. The intention to engage in normal trading and other com-
mercial relations with a state. The term is often used in the context of neutral
trade with belligerents, when the neutral state has the option of terminating
trade with all belligerents equally or of continuing normal trade relations
subject to the usual neutral duties under the law of war. A
Animus contrahendi. anms kntrahnd. nimus kantruhend. n. Intent to
contract. An intention to be bound by contractual, treaty, or other legal
obligations. E.g., My opposition to the majority is based primarily on
theoretical convictionsof the collective wrongfulness embodied in the
existence, on the part of both the States involved, of attitudes denoting
that the animus contrahendi which supposedly united them in the past
has now disappeared. Gabcikovo-Nagymaros Project (Hung. v. Slovk.),
1997 I.C.J. Rep. 7, 86 1 ( Judge Rezek, dissenting).
Animus derelinquendi. anms drlnkwnd. nimus drulinkwend. n.Inten-

tion to abandon. An intention to abandon something. In international
practice, the thing abandoned is often territory, as when a state renounces
sovereignty or control over territory. Compare with Animus disponendi.
Contrast with Animus domini, Animus occupandi, and Animus possidendi.
See also Derelictio.
Animus disponendi. anms dspnnd. nimus dispnend. n. Intention to

dispose. An intention to abandon something, such as a territory, and renounce
sovereignty or control over it. Compare with Animus derelinquendi. Contrast
with Animus domini, Animus occupandi, and Animus possidendi.
Animus domini. anms dmn. nimus damin. n. Intention of the sover-

eign. An intention to assert sovereignty or ownership over a territory. E.g.,
[T]he possession exercised by the Netherlands was in no way a defective one
and was based upon an incontestable legal title.It was a possession ex-
ercised in all good faith, with the animus domini which characterizes a
situation of this kind and which the law protects. Sovereignty Over Certain
Frontier Land (Belg. v. Neth.), 1959 I.C.J. Rep. 209, 255 ( Judge Morena
Quintana, dissenting). Compare with Animus occupandi and Animus pos-
sidendi. Contrast with Animus disponendi and Animus derelinquendi.
Animus donandi. anms dnand. nimus dnnd. n. Intention to give. An

intention to give gratuitously; an intention to gift something to another.
E.g., [T]he manager had no intention to act gratuitouslythere was no
animus donandi. Masdar (UK) Ltd. v. Commission of the Eur. Communities,
[2006] E.C.R. II-4377, 76.

Animus lucrandi
Animus lucrandi. anms lkrand. nimus lkrnd.n. Intention to profit.

(1) An intention to engage in commerce. (2) An intention to earn profit by
some investment or commercial enterprise.
Animus malus. anms mals. nimus mlus. n. Evil intention. The intention
A to do harm; the intention to commit an illegal or immoral act. Compare with

Animus nocendi, Dolus malus, Mens rea, and Scienter.
Animus manendi. anms mannd. nimus munend. n. Intention to remain.

The intention to stay somewhere indefinitely. Animus manendi is generally
considered a prerequisite in private international law for the establishment of
domicile and is sufficient to establish domicile at the moment when the
persons residency in a state coincides with animus manendi. E.g., In the first
place, I would point out that, according to the case-law of the court, a person
resides in the place in which he has established, with animus manendi, the
permanent or habitual centre of his interests. Opinion of Advocate
General Mancini, Schaflein v. Commission, [1988] E.C.R. 4475, 4. An
alternative formulation is Animus remanendi.
Animus nocendi. anms nknd. nimus nasend. n. Intention to harm. An
intention to commit a harmful act against another.
Animus obligandi. anms blgand. nimus ablignd.n. Intention to obli-
gate. An intention to assume an obligation toward another or the interna-
tional community as a whole.
Animus occupandi. anms kkpand. nimus akypnd. n. Intention to
occupy. An intention to occupy or control territory and to assert sovereignty
over it. In addition to physical occupation or control over a disputed territo-
ry, the state must generally demonstrate animus occupandi to prove its
sovereignty over the territory. E.g., It is beyond doubt that by immemorial
usage having the force of law, besides the animus occupandi, the actual, and
not the nominal, taking of possession is a necessary condition of occupation.
Sovereignty over Clipperton Island Case (Fr. v. Mex.), Award of Jan. 28, 1931,
26 am. J.Intl L. 390, 393 (1932). An alternative term is Animus possidendi.
Compare with Animus domini. Contrast with Animu derelinquendi and Ani-
mus disponendi. See also Corporis possessio.
Animus possidendi. anms pssdnd. nimus pasidend. n. Intention to

possess. An alternative term for Animus occupandi. E.g., Effective posses-
sion, the objective element of a corpore possessio, should be accompanied by a
subjective element consisting of the animus possidendi. Maritime Delim-
itation and Territorial Questions (Qatar v. Bahr.), 2001 I.C.J. Rep. 40, 177,
100 (Merits) ( Judge Bedjaoui, dissenting).

Ante
Animus remanendi. anms rmannd. nimus remnend. n. Intention to

remain. An alternative formulation of Animus manendi.
Animus restituendi. anms rsttnd. nimus restiend. n. Intention to

restore. (1) An intention to give restitution in compensation for a violation
of anothers rights. (2) Generally, an intention to restore something to the A
possession of its former owner or possessor. See also Restitutio in integrum.
Animus revertendi. anms rwrtnd. nimus revrtend. n. Intention to

return. (1) The intention to return to a place visited before. E.g., To
be regarded as domiciled in a foreign State, a person must not only be
resident there but also have the intention of remaining there permanently
and have lost the animus revertendi. Johnston v. Ireland, 9 E.H.R.R. 203,
208, 20 (1987). (2) The intention to return something borrowed, taken,
annexed, or occupied. E.g., General principles of maritime and internation-
al law dictate that an abandonment constitutes a repudiation of ownership,
and that a party taking possession under salvage operations may be consid-
ered a finder under the doctrine of animus revertendi, i.e., the owner has
no intention of returning. Ownership in the vessel would then vest in
the finder by operation of law. Treasure Salvors, Inc. v. Abandoned Sailing
Vessel Believed to Be Nuestra Seora de Atocha, 408 F. Supp. 907, 909
(S.D. Fla. 1976) (U.S.). Compare with Animus derelinquendi and Animus
disponendi.
Animus revocandi. anms rwkand. nimus revknd. n.Intent to revoke.

An intent to revoke or rescind, usually used in the context of an offerors
intent to rescind a will or an offer to form a contract.
Animus signandi. anms sgnand. nimus signnd. n. Intention to sign.

The intention to execute a legal instrument such as a contract or treaty.
Anno regni. ann rgn. n regn. n. In the year of the reign. In a designated
year (e.g., the first, second, etc.) of the reign of a specific monarch. Anno regni
is most commonly used in dating statutes in the monarchical states of
Europe. Sometimes abbreviated A.R.
Annus. anns. nus. n. Year. (1) The year. (2) One calendar year.
Ante. ant. nt. adv. Before. Before; earlier. Ante is sometimes used as a
citation signal in the same manner as supra to indicate that the cited source
occurs earlier in the same work. E.g., The Court [majority] acknowledges
that its decision [in this case] is contrary to the Federal Governments
preference for the taxing method adopted by the international community.
Ante, at 2952. Container Corporation of Am. v. Franchise Tax Bd., 463 U.S.

Ante factum
159, 202 (1983) (Justice Powell, dissenting). Compare with Opera citato and
Supra (citatum). Contrast with Post.
Ante factum. ant faktm. nt fktum. adj. or adv.Before the event. Occur-
ring before the event in question. E.g., The Court gives an advisory
A opinion endowed with the limited force proper to it. Such force as provi-
sions, agreements, statutes or rules emanating from States or organiza-
tions may bestow on the opinion ante factum or ex post facto neither
diminishes nor enlarges the jurisdiction of the Court. Advisory Opinion
on the Application for Review of Judgement No. 158 of the United
Nations Administrative Tribunal, 1973 I.C.J. Rep. 166, 275 (Judge De Castro,
dissenting). Compare with Ante hoc. Contrast with Ex post facto and Post
hoc.
Ante hoc. ant hk. nt hak. adj. or adv. Before this. Occurring before the
event in question. Compare with Ante factum. Contrast with Ex post facto
and Post hoc.
Apertum factum. aprtm faktm. prtum fktum. n. Open act. A public act
or course of action.
Apocrisarius. apkrsar-s. pakrizar-us. n. [pl. Apocrisarii. apkrsar-. pak-

rizar.] Delegate. During the late Roman Empire, Apocrisarii were envoys
of the Pope who took up residence on foreign courts to represent the Holy
See. In some early Christian empires, the Apocrisarius was granted the rank
of a Court Minister. In modern ecclesiastical practice, an Apocrisarius may on
request advice on matters of religious law or ethics. An alternative spelling is
Apocrisiarius.
Apocrisiarius. apkrs-ar-s. pakriz-ar-us. n. [pl. Apocrisiarii. apkrs-ar-

. pakriz-ar.] Delegate. An alternative spelling of Apocrisarius.
Appellatio. appllat. pel. n. Appeal. An appeal from a lower tribunal to

a higher one.
Aqua. akwa. akwu. n. Water. (1) Water. (2) A watercourse.
Aqua currens. akwa krrns. akwu krenz. n. Running water. Flowing water,
as in a river or stream. An alternative term is Aqua profluens.
Aqua currit et debet currere ut currere solebat. akwa krrt t dbt krrr t
krrr slbat. kwu krit et debut krr ut krr slubt. Water runs and
ought to run as it was accustomed to run. A maxim meaning that an
upstream landowner or state cannot unreasonably interfere with the down-
stream landowners or states use of riparian water or other watercourses.

Arbitrio boni iudicis
Aqua dulcis. akwa dlks. akwu dlsis. n. Sweet water. Fresh water. Contrast
with Aqua salsa.
Aqua fontanea. akwa fntan-a. akwu fantn-u. n. Fountain water. Water

from a spring or aquifer.
Aqua frisca. akwu frisku.

n. Ital. Freshly drawn water; cold water. Although A
commonly cited in law dictionaries as a Latin term meaning fresh water,
this term is not in fact proper Latin. The correct Latin for fresh water is
Aqua dulcis.
Aqua profluens. akwa prflns. akwu prflenz. n. Running water. An

alternative term for Aqua currens.
Aqua salsa. akwa salsa. akwu salsu. n. Salted water. Salt water; sea water.
Contrast with Aqua dulcis.
Arbiter nihil extra compromissum facere potest. arbtr nhl kstra km-
prmssm fakr ptst. arbtr nhil ekstru kamprumsum fsr ptest. The
arbitrator can do nothing beyond the agreement to arbitrate. A maxim
deriving from Roman civil law meaning that in voluntary arbitration, the
arbitral tribunal (being an instrument of private dispute settlement) has no
power to decide matters outside the scope of the dispute that the parties
submitted to the tribunal to resolve. This doctrine follows from the maxim:
Arbitration is a creature of contract. E.g., The first ground for annulment
listed in the article is that the tribunal has exceeded its powers. This is
perhaps the oldest and most universally recognized ground for nullity. The
maxim of Roman law arbiter nihil extra compromissum facere potest has been
adopted in international law. International Law Commission, Commentary
on the Draft Convention on Arbitral Procedure, at 107, UN Doc. A/CN.4/92
(1955). An alternative formulation is Extra compromisum arbiter nihil facere
potest.
Arbitramentum aequum tribuit cuique suum. arbtramntm k-m trbt

kkw sm. arbitrumentum ekwum tribwit kwikw sum. Med. An equitable
arbitration renders each persons due. A maxim meaning that an arbitral
tribunal should strive to do justice to the parties in applying the law properly.
Arbitrio boni iudicis. arbtr bn ydks. arbitry bn jdisis. adv. (often used
as a n.) By the opinion of a good judge. A judicial act not strictly in
conformity with the law but rather according to the judgment and discretion
of the judge or tribunal. E.g., If indeed a Court of Equity in England
did possess the unbounded jurisdiction which has been thus generally
ascribed to it, of correcting, controlling, moderating, and even superceding

Arbitrium
the law[i]t would literally place the whole rights and property of the
community under the arbitrary will of the Judge, acting, if you please, arbitrio
boni judicis, and, it may be, ex aequo et bono, according to his own notions and
conscience; but still acting with a despotic and sovereign authority. Joseph
Story, 1 Commentaries on Equity Jurisprudence as Administered in
A England and America 19 (1886). Compare with Ex aequo et bono. See
also Ex arbitrio (boni) iudicis.
Arbitrium. arbtr-m. arbitr-um. n. Judgment. The award of an arbitrator or

arbitral tribunal.
Arbitrium est iudicium. arbtr-m st ydk-m. arbitr-um est jdium. The

decision of the arbitrator is a judgment. A maxim meaning that the lawful
award of an arbitral tribunal, once recognized by a court of competent
jurisdiction, is enforceable at law as if it had been an award of the recognizing
court itself. Compare with Compromissarii sunt iudices.
Arcana imperii. arkana mpr-. arknu imper. n. pl. Secrets of the empire.
State secrets.
Arguendo. argnd. argyend. ger. v. Arguing. (1) For the sake of argument
only, without admitting the truth of the point asserted. E.g., [W]ere I to
agree with the Courtarguendothat a few turtle eggs and signal lights do,
indeed, have greater gravitas than the voyage of HNLMS Lynx, that would
still not get me across to the other shore. In my opinion, these are token acts
of no legal value. Sovereignty over Pulau Ligitan and Pulau Sipadan (Indon.
v. Malay.), 2002 I.C.J. Rep. 625, 697, 21 (Judge Franck, dissenting). (2) In
the course of making an argument.
Argumento. argmnt. argyment. n. By way of argument. Argumento is the

instrumental ablative of the noun Argumentum. Thus, for example, an
argumentum a contrario (argument from the opposite), when expressed as
argumento a contrario, becomes by means of argument from the opposite.
Argumentum. argmntm. argymentum. n. [pl. Argumenta. argmnta. argy-

mentu.] Argument. (1) A claim or contention; a course of reasoning.
(2) An argument; a dispute. See also Argumento.
Argumentum a contrario. argmntm a kntrar. argymentum kantrary. n.

Argument from the contrary. An argument for different treatment made
by negative reasoning from another argument. An argumentum a contrario
may rely on reasoning a contrario sensu. E.g., The fact that the Applicants
claim is being qualified as the principal claim determines the counter-claim,
by the logic of argumentum a contrario, as a non-principal claim, a lesser

Argumentum ab impossibili
claim. Application of the Convention on the Prevention and Punishment of the

Crime of Genocide (Bosn. & Herz. v. Yugo.), 1997 I.C.J. Rep. 243, 262,
1 (declaration of Judge ad hoc Krea). Contrast with Argumentum a simili.
See also A contrario and A contrario sensu.
Argumentum a maiore ad minus. argmntm a mayr ad mns. argymentum
A
mjr d mnus. From the larger scale argument to the smaller one.
A kind of argument reasoning that what is true on a large (or important or
consequential) scale is equally true on a smaller (or less important or conse-
quential) scale. A rare alternative spelling sometimes favored by Cicero is a
maiori ad minus. E.g., If granting privileges is not a matter of rights, is it not
then true that the bestower of privilege is entitledargumento a majori ad
minusnot only to discretion but also to discrimination in terms of substance
as well as in terms of procedure? E.B. v. France, 47 E.H.R.R. 21, O-II15
( Judge Zupani, dissenting). See also Argumentum a minore ad maius.
Argumentum a minore ad maius. argmntm a mnr ad mays. argymentum
mnr d mjus. From the smaller scale argument to the larger one. A
kind of argument reasoning that what is true on a small (or specific) scale is
equally true on a larger (or more general) scale. See also Argumentum a
maiore ad minus.
Argumentum a simili. argmntm a sml. argymentum simyl. n. Argu-

ment from a similar thing. An argument sustained by use of analogy to a
comparable scenario or the similarity of one case or the characteristics of one
thing to another. Contrast with Argumentum a contrario. See also Argumen-
tum a simili valet in lege.
Argumentum a simili valet in lege. argmntm a sml walt n lg. argy-

mentum simyul vlet in lej. Argument by analogy prevails in law. A
maxim meaning that, when no law is directly on point, an argument making an
analogy to some law relating to a similar subject or matter is considered
persuasive.
Argumentum ab auctoritate est fortissimum (in lege). argmntm ab ktrta
t st frtssmm (n lg). argymentum b ktritt est frtisimum (in lej).
Argument from authority is the most forceful (in law). A maxim meaning
that arguments based on positive sources of authority or precedents, or the
opinions of respected legal authorities, are considered the most persuasive
kind of arguments.
Argumentum ab impossibili. argmntm ab mpssbl. argymentum b im-
pasibil. n. Argument from impossibility. An argument that draws its force
from the impossibility of the alternatives to the position advocated.

Argumentum ab inconvenienti
Argumentum ab inconvenienti. argmntm ab nknwn-nt. argymentum

b inkunvn-ent. n. Argument from inconvenience. An argument that
draws its force from the inconvenience or other undesirable consequences of the
available alternatives to the position advocated. Compare with Argumentum ad
consequentiam. See also Ab inconvenienti and Ex incommodo.
A
Argumentum ad baculum. argmntm ad baklm. argymentum d bkylum.
n. Argument to the staff. An argument based on coercion or violence as its
dominant reason. An argument that negative consequences such as punish-
ment will follow upon not accepting the argument is an argumentum ad
baculum. An argumentum ad baculum is a special case of the negative form of
an Argumentum ad consequentiam. An alternative formulation is Argu-
mentum baculinum.
Argumentum ad captandum. argmntm ad kaptandm. argymentum d kp-

tndum. n. Argument for the catching. An argument that relies for its force
on an appeal to popular beliefs or emotion, or on its ability to win popular
approval. Compare with Argumentum ad populum.
Argumentum ad consequentiam. argmntm ad knskwnt-am. argymen

tum d kansekwent-um. n. Argument to the consequence. An argument
that something is true or false based whether it leads to desirable or undesir-
able consequences. Compare with Argumentum ab inconvenienti.
Argumentum ad crumenam. argmntm ad krmnam. argymentum d kr

menum. n. Argument to the purse. (1) An argument drawing conclusions
based on ones wealth or lack thereof. (2) An argument that appeals to the
desire to save money or avoid expense. Generally, the term is used to refer to
the logical fallacy of assuming that great wealth gives one special insight or
virtue, or that poverty denotes the absence of insight or virtue. An example of
an argumentum ad crumenam would be a claim that, by virtue of the economic
power of the G8 countries, those countries alone should be entrusted with
setting monetary policy for the developing world, because wealthy countries
are most likely to understand how to achieve economic growth. Contrast
with Argumentum ad lazarum.
Argumentum ad hominem. argmntm ad hmnm. argymentum d ha

minum. n. Argument to the man. An argument that constitutes a personal
attack or relates to personal matters instead of addressing the merits of the
relevant issue. See also Ad hominem.
Argumentum ad ignorantiam. argmntm ad gnrant-am. argymentum d

ignrant-um. n. Argument to ignorance. An argument based on the

Argumentum circulum
opponents ignorance of the subject in dispute. This is a special case of

Argumentum ad hominem.
Argumentum ad invidiam. argmntm ad nwd-am. argymentum d invi

d-um. n. Argument to hatred. An argument that appeals to popular hatred
or prejudice to sustain its rationale. This is a special case of Argumentum ad
A
captandum.
Argumentum ad lazarum. argmntm ad lasarm. argymentum d lzrum.

n. Argument to Lazarus. An argument drawing conclusions based on
poverty. Generally, the term is used to refer to the logical fallacy of assuming
that poverty gives one special insight or virtue. An example of an argumentum ad
lazarum would be a claim that, because developing states have the greatest
incentive to understand and seek their own development, lenders should not
impose any constraints on loans to such states. Contrast with Argumentum ad
crumenam.
Argumentum ad misericordiam. argmntm ad msrkrd-am. argymentum

d mizrikrd-um. n. Argument to pity. An argument that derives its force
from an appeal to a sense of pity or sympathy.
Argumentum ad populum. argmntm ad pplm. argymentum d papylum.
n. Argument to the people. An argument that derives its force from the
popularity of beliefs on which it is based. An argument that, if most people
believe something to be true, it therefore must be true, is an argumentum ad
populum. Compare with Argumentum ad captandum.
Argumentum ad rem. argmntm ad rm. argymentum d rem. n. Argument to
the matter. An argument directed to the point in dispute.
Argumentum ad verecundiam. argmntm ad wrknd-am. argymentum d
verukund-um. n. Argument to modesty. An argument that appeals to the
testimony of an authority speaking or writing outside of his field. The term
appears to originate in irony.
Argumentum baculinum. argmntm baklnm. argymentum bkylinum. n.
Neo. Argument of the staff. An alternative formulation of Argumentum ad
baculum.
Argumentum circulum. argmntm krklm. argymentum srkylum. n. Cir-

cular argument. A tautology; an argument that proves nothing because it
assumes its own necessary premise. An argument, for example, that treaties
that provide they may never be denounced may in fact never be legally
denounced due to the binding nature of the treaty is unproved as an
argumentum circulum.

Argumentum ex concesso
Argumentum ex concesso. argmntm ks knkss. argymentum eks kanses.

n. Argument from an admission. An argument based on a prior admission
or confession of ones opponent.
Argumentum ex silentio. argmntm ks slnt. argymentum eks silent.

n.
A Argument from silence. (1) An argument drawing conclusions from an
opponents failure to respond to a point or allegation. (2) An argument
drawing conclusions from the lack of contrary evidence.
Armata vis. armata ws. armatu vis. n. Armed force. An alternative formula-
tion of Vis armata.
Arrestatio navium. arrstat naw-m. arest nv-um. n. Arrest of seagoing

vessels. The seizure of a seagoing vessel. This term is usually used with
reference to the law of prize.
Arresto facto super bonis mercatorum alienigenorum. arrst fakt spr b

ns mrkatrm al-ngnrm. arest fkt spr bnis mrkutrum
l-enijenrm. n. Arrest of the goods of foreign merchants. An English
writ authorizing the seizure of the goods of an alien of the nationality of a
foreign state that has expropriated goods of an English subject. This writ was
a kind of countermeasure designed to compensate the English subject for
the unlawful taking when the English subject was denied restitution by the
foreign state.
Ars aequi et boni. ars kw t bn. arz ekw et bn. n. The art of what is
equitable and good. The technique of determining what is equitable and
fair. This term is used to elaborate on the definition of ius in the preamble to
Justinians Digest (1.1.pr). See also Ius est ars aequi et boni.
Assensio mentium. assns mnt-m. asens menum. n.Agreement of the

minds. Mutual consent or agreement; a meeting of the minds.
Assumpsit. assmpst. asumpsit. v. (commonly used as a n.) He has promised.

A basis for the recognition of a legal duty flowing from a promise to perform
some action. Formerly in some countries, a formal requirement that the
debtor must recognize the claimed debt as a precondition to its enforceability.
adv. By judicial au-

Auctoritate iudicis. ktrtat ydks. ktritt jdisis.
thority. Based on the established authority and jurisdiction of the tribunal.
Fortune
Audaces fortuna iuvat. daks frtna ywat. dsz frtnu jvut.
succors the bold. A maxim predicting that those making unexpected or
hazardous maneuvers or choices in pursuit of gain thereby increase their
chances of success.

Aut dedere aut iudicare
Audi alteram partem. d altram partm. d lterum partum. imp. v. Listen

to the other side. A principle of due process, originating in Augustine of
Hippos views of natural law, under which all parties before an international
tribunal must have an opportunity to be heard and are treated equally under
the law. E.g., Although as a judicial body the Court is conscious of the
importance of the principle expressed in the maxim audi alteram partem, it A
does not consider that this principle precludes the Court from taking
account of statements made subsequently to the oral proceedings. Nuclear
Test Cases (Austl. v. Fr.), 1974 I.C.J. Rep. 252, 33 (Judgment). Compare with
Audiatur et altera pars.
Audiatur et altera pars. d-atr t altra pars. d-tr et lteru parz.

imp. v.
May the other side also be heard. A principle of due process according to
which parties before an authoritative tribunal must have an equal opportu-
nity to be heard and their arguments considered under the law. E.g., All
these [pleading] rules [of the Hague Conventions and World Court] are
merely different methods designed to ensure that the judge should hear and
consider what each party may have to say on the dispute as fully as possible
not only on the question at issue, but also on the statements of its opponent.
They constitute a more or less elaborate implementation of the fundamental
principle: audiatur et altera pars. Bin Cheng, General Principles of
Law as Applied by International Courts and Tribunals 293
(1953). Compare with Audi alteram partem.
Either/or. Either; or (disjunctive). Aut is used where one or

Aut. t. t. conj.
another option is possible, but not both. Compare with Vel.
Aut dedere aut iudicare. t ddr t ydkar. t dedr t jdikar. imp. v.

Either to deliver or to adjudge. A principle requiring states to extradite or
prosecute alleged violators of international criminal laws. Under the princi-
ple, if an individual alleged to have violated a national or international
criminal law is found in a given state, that state must choose between
extraditing that individual for trial in another state or before an international
criminal tribunal on one hand, or prosecuting the individual itself on the
other. Aut dedere aut iudicare may become applicable by treaty obligation,
where it is commonly used to deal with the suppression of specific interna-
tional offenses (e.g., the UN Convention against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment arts. 5.2, 8), or, in some
cases, under customary international law to punish crimes giving rise to
universal jurisdiction. E.g., In the case of war crimesthere is specific
conventional international law in support of the proposition that States are
entitled to assert jurisdiction over acts committed abroad: the relevant

Aut dedere aut prosequi
provision is Article 146 of the IVth Geneva Convention, which laws down
the principle aut dedere aut judicare for war crimes committed against
civilians. Arrest Warrant of 11 April 2000 (Congo v. Belg.), 2002 I.C.J.
Rep. 3, 173-74, 59 (Judge Van den Wyngaert, dissenting). An alternative
phrase is Aut dedere aut prosequi. Compare with Aut punire aut dedere and
A Primo prosequi, secundo dedere.
Aut dedere aut prosequi. t ddr t prskw. t dedr t prasekw. Either to

deliver or to prosecute. An alternative phrase for Aut dedere aut iudicare.
E.g., There arecertain indications that a universal criminal jurisdiction for
certain international crimes is clearly not regarded as unlawful. The duty to
prosecute under those treaties which contain the aut dedere aut prosequi
provisions opens the door to a jurisdiction based on the heinous nature of
the crime rather than on links of territoriality or nationality. Arrest
Warrant of 11 April 2000 (Congo v. Belg.), 2002 I.C.J. Rep. 3, 76, 46
(separate opinion of Judge Higgins).
Aut punire aut dedere. t pnr t ddr. t pynr t dedr. Either to
punish or to deliver. A principle according to which a state may assume an
affirmative obligation (usually by treaty) either to punish a person shown to
have violated an applicable principle of law or to extradite the person to
another state for punishment. This principle has sometimes been
incorporated into treaties and UN Security Council resolutions regarding
terrorists and other violators of international law. Compare with Aut dedere
aut iudicare.
Auxiliorum principali sequitur. kslrm prnkpal skwtr. gzilrum prin-

sipl sekwitr. The assistant follows the principal. A phrase meaning that a
subsidiary point follows naturally from acceptance of the principal point, as
when a tribunal exercises jurisdiction over matters subsidiary to the main
issue in dispute as necessarily intertwined with the resolution of that main
issue.

B
................................
Bello pacta cedunt republicae. bll pakta kdnt rpblk. bel pktu sdunt
republik. In war, agreements yield to the state. A maxim meaning that the
initiation of a state of war may render some contracts, such as those involving
the sale of goods or services to, or purchase from, the opposing belligerent,
unenforceable.
Bellum. bllm. belum. n. War. (1) A war, literally or figurative. (2) An armed
conflict.
Bellum iniustum. bllm nystm. belum injustum. n. Unjust war. A war

believed to have been commenced based on morally unjustifiable and, therefore,
in some views illegal, grounds. UN Charter Articles 2(4) and 51 imply that all use
of armed force except in cases of individual and collective self-defense is illegal, if
not unjust. Compare with Bellum nefarium. Contrast with Bellum iustum.
Bellum iustum. bllm ystm. belum justum. n. Just war. A war believed to
have been commenced based on morally justifiable and, therefore, in some
views legal, grounds. UN Charter Articles 2(4) and 51 imply that the just war
doctrine is limited to the use of force in individual or collective self-defense.
However, the doctrine survives in the sense that even a defensive use of
armed force must be necessary and proportional to the threat posed in order
to qualify as bellum iustum. See also Bellum iustum et pium. Contrast with
Bellum iniustum and Bellum nefarium.
Bellum iustum et pium. bllm ystm t pm. belum justum et pum. n. Just
and pious war. A war believed to have been commenced based on morally
and theologically justifiable and, therefore, in some views legal, grounds. See
also Bellum iustum.
Impious war. A war

Bellum nefarium. bllm nfar-m. belum nefr-um. n.
believed to have been commenced based on morally unjustifiable and,
43
Bellum omnium in omnia
therefore, in some views unlawful, grounds. Compare with Bellum iniustum.

Contrast with Bellum iustum and Bellum iustum et pium.
Bellum omnium in omnia. bllm mn-m n mn-a. belum amn-um in am
n-u. n. War of all against all. An alternative formulation of Bellum om-
B nium contra omnes.
Bellum omnium contra omnes. bllm mn-m kntra mns. belum am

n-um kantru amnz. n. War of all against all. A state of total or permanent
war or hostility, either active or suspended, among all states. In The Levia-
than (1651), Thomas Hobbes characterized the state of anarchy in these
terms. In Notes on the State of Virginia (1782), Thomas Jefferson applied
this observation to the then-current state of international relations using the
alternative formulation Bellum omnium in omnia. E.g., After the proclama-
tion of sovereignty and independence of Bosnia and Herzegovina by the
incomplete parliament of Bosnia and Herzegovina, the civil war became, in
my opinion, an international armed conflict.This was bellum omnium
contra omnes. Application of the Convention on the Prevention and Punishment
of the Crime of Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595, 765,
100 (Preliminary Objections) ( Judge ad hoc Krea, dissenting).
Beneficium. bnfk-m. benufium. n. Benefit. A benefit, right, or remedy
provided by law.
Beneficium competentiae. bnfk-m kmptnt-. benufium kamputen. n.
Benefit of competency. In Roman civil law, a debtors right to pay his
creditors no more than the amount that will leave the debtor a reasonable
maintenance for living. By analogy, some measure of forgiveness of an insolvent
developing states international debt in lieu of a strict enforcement of the debt.
Benignius leges interpretandae sunt quo voluntas earum conservetur. bng
n-s lgs ntrprtand snt kw wlntas -arm knsrwtr. bunign-us lejz
intrpretnd sunt kw valuntas rum kansrvutr. Laws are to be liberally
interpreted to preserve their intent. A maxim meaning that language in a
legal instrument such as a statute or treaty should not be read literally if a
literal reading would nullify the intent of the drafters, but rather should be
read in a manner consistent with that intent.
Billa exonerationis. blla ksnratns. bilu egzanrnis. n. Neo. Bill of
lading. A bill of lading; a shipping document issued by a carrier to acknowl-
edge the receipt of goods shipped and that can be used as a document of title
(often negotiable) by the intended recipient of the shipped goods to present
evidence to the shipper of the right to take delivery. The term billa is pseudo-
Latin.

Bona mores
Bis. bs. bis. adv. Secondly. An adverbial number (the second) usually
inserted into a consecutively numbered series by way of amendment.
In amending an existing treaty, drafters wishing to insert a new article
between existing articles might use bis to renumber, so that a new article
inserted between articles 6 and 7 becomes article 6bis. Article 6 may or may
not be renamed article 6semel. The next addition after article 6bis but prior to B
article 7 would be named article 6ter. See the Appendix for a list of Latin
adverbial numbers commonly used in international law. See also Semel and
Ter.
Bis dat qui cito dat. bs dat kw kt dat. biz dt kw st dt. He who gives
swiftly gives twice. A maxim meaning that something given expeditiously is
far preferable to the same thing given belatedly. The maxim is often used in
the sense that the highest form of justice or generosity is that given promptly.
E.g., Having used less time than I am entitled to, and as you know, I use
Latin a lot, there is another Latin saying I would like to say, to use bis dat qui
cito dat, who speaks briefly gains double [sic]. Prosecutor v. Kvocka, ICTY
Case No. IT-98-30/1, Trial Transcript of July 18, 2001, at 12592.
pl. Confiscated goods.

Bona confiscata. bna knfskata. bnu kanfisktu. n.
Personal property that has been expropriated or confiscated by the state.
In good faith. Having sincere or benevo-

Bona fide. bna fd. bnu fd. adj.
lent intent; lacking in deceptive or fraudulent intent. E.g., In the process of
bona fide negotiations, concessions are made, facts are accepted, compro-
mises are worked out, admissions and apologies are offered. Documents
embodying such acts may well be exchanged. It is important that all this
should take place on a footing of openness and equality. Land and Maritime
Boundary Between Cameroon and Nigeria (Camer. v. Nig.), 1998 I.C.J. Rep.
275, 375 (Preliminary Objections) (Vice President Weeramantry, dissenting).
Compare with Optima fide. See also Bona fides.
Bona fides. bna fds. bnu fdz. n. Good faith. Sincere or benevolent
intent; intent lacking in deceptive or fraudulent purpose. E.g., Modern
international law does not recognize the survival of a right of sovereignty
based solely on historic title; not, in any event, after an exercise of self-
determination conducted in accordance with the requisites of international
law, the bona fides of which has received international recognition by the
political organs of the United Nations. Sovereignty over Pulau Ligitan and
Pulau Sipadan (Indon. v. Malay.), 2001 I.C.J. Rep. 575, 657 (separate opinion of
Judge Franck). Compare with Conscientia illaesa. Contrast with Mala fides.
Bona mores. A common misspelling of Boni mores.

Bona non intelliguntur nisi deducto aere alieno
Bona non intelliguntur nisi deducto aere alieno. bna nn ntllgntr ns

ddkt r al-n. bnu intelijuntr niz ddukt r l-en. No goods are
recognized unless debts have been removed. A maxim meaning that debts
due must be satisfied before a debtor may claim the benefit of its assets.
B Bona vacantia. bna wakant-a. bnu vuknu. n. pl. Unowned goods. Prop-
erty (usually, personal property) having no owner definitely determinable by
law; unowned property. It should not be forgotten that, as the Permanent
Mandates Commission had declared, the assets transferred by Germany
(railways, tramways, ports, etc.) and public assets of all kinds (mines, bona
vacantia, non-private waterways, etc.) have remained the exclusive property
of the Namibian people and, since these are assets in the public domain,
there can be no bar of limitation to their restitution. Advisory Opinion on the
Legal Consequences for States of the Continued Presence of South Africa in
Namibia (South West Africa) Notwithstanding Security Council Resolution
276 (1970), 1971 I.C.J. Rep. 16, 218 (separate opinion of Judge De Castro).
An alternative formulation is Vacantia bona. See also Res nullius.
Bonae fidei. bn fd. bn fd. adv. Of good faith. In good faith; with an
intent lacking in deceptive or fraudulent purpose. See also Bona fides.
Bonae fidei negotium. bn fd ngt-m. bnu fd negum. n. A good

faith negotiation. The good faith intent to negotiate to resolve a dispute or
conclude a treaty or other agreement.
Boni iudicis est ampliare iurisdictionem. bn ydks st ampl-ar yrsdkt

nm. bn jdisis est mpl-ar jrisdiknum. The quality of a good judge is to
expand jurisdiction. A maxim meaning that a court or other tribunal should
not hesitate to construe its own jurisdiction expansively to avoid injustice.
Several judges of the International Court of Justice have cautioned against
applying this maxim to the Courts own jurisdiction. E.g., [C]are needs to
be used not to import the principle boni judicis est ampliare jurisdictionem; it is
not considered to be applicable to the Court. Maritime Delimitation and
Territorial Questions (Qatar v. Bahr.), 1995 I.C.J. Rep. 6, 65-66 ( Jurisdiction)
( Judge Shahabuddeen, dissenting).
Boni mores. bn mrs. bn mrz. n. pl. Good behavior. (1) Virtue; high
standards of ethical behavior. (2) A term broadly denoting good public
policy, proper moral sentiment, or accepted customary practices that do
not by themselves rise to the level of legal obligations. In some states, a
contract must evidence boni mores to be considered valid or enforceable by,
for example, not requiring any party to perform an illegal act. E.g., Arbitral
tribunals have more often based their decisions on universal values in using

Brutum fulmen
various formulations such as good morals, bonas mores, [sic] ethics of

international trade or transnational public policy.But it has been rightly
stressed that Tribunals must be very cautious in this respect and must
carefully check the objective existence of a particular transnational public
policy rule in identifying it through international conventions, comparative
law and arbitral awards. World Duty Free Co., Ltd. v. Kenya, ICSID Case B
No. ARB/00/7, 141, 46 I.L.M. 339, 360 (2007). See also Bonos mores and
Contra bonos mores (et decorum).
Bonos mores. bns mrs. bnus mrz. n. pl. acc. Good behavior. The
accusative form of Boni mores.
Bonum et aequum. bnm t kwm. bnum et ekwum. n. The good and

equitable. That which is just and fair.
Good smoke of
Bonus fumus iuris. bns fms yrs. bnus fymus jris. n.
law. An alternative formulation of Fumus boni iuris. E.g., At this stage, it
is not a question of the effects, but rather of the bases [of the requested
provisional measures]. These are: the bonus fumus juris, the prima facie merit
of the Applicants argument in support of its claim; and the danger in
delay. Arrest Warrant of 11 April 2000 (Congo v. Belg.), 2000 I.C.J.
Rep. 182, 216, 2 (Preliminary Measures) ( Judge Rezek, dissenting).
Bonus paterfamilias. bns patrfaml-as. bnus patrfuml-us. n. Good

father of the family. A diligent guardian of the rights and interests of his
or her ward. E.g., [T]here is no escaping the dialectical necessity of com-
paring the responsibility of an authority administering a country placed
under its guardianship with that of other authorities entrusted with the
administration of their own countries or the interests of their nationals. The
latter are expected in public law to provide good government and, in the area of
personal rights, to model their conduct on that of the bonus paterfamilias; they
are for that reason the more to be blamed for any abuse of law or misuse of
power. Advisory Opinion on the Legal Consequences for States of the Continued
Presence of South Africa in Namibia (South West Africa) Notwithstanding Security
Council Resolution 276 (1970), 1971 I.C.J. Rep. 16, 88, 11 (separate opinion of
Vice President Ammoun). See also Paterfamilias.
Brutum fulmen. brtm flmn. brtum flmen or -fulmen. n. Med. Loud

thunder. (1) An empty or ineffective threat. Brutum Fulmen was originally
the name of a 1681 pamphlet by Thomas Lord Bishop of Lincoln denounc-
ing the Papal Bull of Pius V, by which the Catholic Church excommuni-
cated Queen Elizabeth of England to no serious effect. (2) A judgment,
award, or provision of a law or legal document lacking in effect, especially in

Brutum fulmen
legal effect. E.g., It is unthinkable that the Parties, when they drafted this
Article and included it in the Treaty, intended to forge a brutum fulmen, a
provision for judicial review and decision dependent for its effect upon the
momentary whim or interest of a defaulting party. Advisory Opinion on
Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, 1950
B I.C.J. Rep. 221, 237 ( Judge Read, dissenting).

C
................................
C.V. An abbreviation of Curriculum vitae.
Caeteris paribus. An alternative spelling of Ceteris paribus.
Capitula. kaptla. kpilu or kpitylu.n. pl. Chapters. A collection of

statutes or articles of law organized by heading.
Captio. kapt. kpt or kp. n. Capture. (1) An arrest or capture of a

person. (2) A capture or seizure of a vessel, cargo, or other property.
Caput lupinum. kapt lpnm. kput lpinum. n. (often used as an adj.) The
head of the wolf. In medieval English law, an outlawed felon could be declared
caput lupinum, often by the pronouncement of a sentence of Caput gerat lupinum
(Let him bear the head of a wolf ), meaning that the convicted felon lacked any
form of legal protection; anyone who encountered the felon might legally kill him
or her as if he or she were a predatory wolf. While no such right exists in
international law, the term has sometimes been applied to describe the plight
of stateless persons, who have no sovereign from whom to claim protection.
n. The hinge
Cardo controversiae. kard kntrwrs-. kard kantruvrs-.
of the controversy. The central point of an argument or dispute.
Casu consimili. kas knsml. kz- or ks kansimil. adv. In a similar

case. An abbreviated form of In consimili casu.
Casu quo. kas kw. kz- or ks kw. adj. or adv. In this case. In this case.
E.g., [I]f in general this is the only just standpoint from which to view the
right to ask and to grant the means of diplomatical intervention and in
consequence casu quo of arbitration, how much the more where the recourse
to the tribunals of the country was formally pledged and the right to ask for
intervention solemnly renounced by contract. The Orinoco Steamship
49
Casus
Company Case, U.S.-Venez. Cl. Commn, Award of Feb. 22, 1904, H.C.R.
(Series 1), at 266 (Scott, 1916).
Casus. kass. kzus. n. [pl. Casus. kass. kzus.] Event. An occurrence or

event.
C Event of war. An event or action that
Casus belli. kass bll. kzus bel. n.
furnishes a legal justification to a state to resort to armed force against
another. E.g., [I]t must be observed that a State with great experience
would not likely risk provoking a casus belli with a great Power. Corfu
Channel Case (U.K. v. Alb.), 1949 I.C.J. Rep. 4, 89 (Merits) ( Judge Azevedo,
dissenting). See also Casus foederis and Iusta causa.
Casus foederis. kass fdrs. kzus fedris. n. An event in connection with a

treaty. (1) An event or act, usually of a hostile kind, by one state toward
another that triggers an alliance or other treaty obligation between the
offended state and a third state. The third state may, by the casus foederis,
be called upon to rise to the defense of the offended state. E.g., Casus fderis
is the event upon the occurrence of which it becomes the duty of one of the
allies to render the promised assistance to the other. Thus in case of a
defensive alliance the casus foederis occurs when war is declared or com-
menced against one of the allies. 1 Lassa Oppenheim, International
Law 572, 573 (1905). (2) A treaty clause specifying the circumstances under
which such an alliance is triggered. (3) More generally, any provision of a
treaty specifying a condition precedent for a right or duty to arise. E.g., In
view of the clear and compelling terms of [the Exchange of Notes between
the parties specifying that, if Iceland extends its fisheries jurisdiction, any
resulting dispute may be referred to the ICJ], and of the fact that what is
therein expressly specified as constituting the casus foederis, namely a further
extension of Icelandic waters, has now occurred, it is difficult to make any
sense of the contention that the obligation to have recourse to the Court is no
longer operative because the 1961 Exchanges of Notes had achieved their
purpose. Fisheries Jurisdiction Case (U.K. v. Ice.), 1973 I.C.J. Rep. 3, 3031,
12 (separate opinion of Judge Fitzmaurice). See also Casus belli.
n. Fortuitous event. (1) An

Casus fortuitus. kass frt-ts. kzus frtitus.
accident or faultless mishap. (2) Any unexpected or fortuitous occurrence.
Compare with Casus improvisus and Casus insolitus.
Casus improvisus. kass mprwss. kzus impruvzus. n. Unforeseen event.

(1) Any unforeseen or unexpected occurrence. (2) An event not provided for
in an existing treaty, agreement, or law, and that therefore must be consid-
ered to fall outside of its scope or to fall within its scope only under a liberal

Causa petendi
or equitable reading. An alternative phrase is Casus incogitati. Compare with

Casus fortuitus and Casus insolitus.
Casus incogitati. kass nkgtat. kzus inkajitt. n. pl. Unconsidered

events. An alternative (but plural) formulation of Casus improvisus.
Casus insolitus. kass nslts. kzus insalitus or -inslitus. n. Unusual C
event. Any unusual or unexpected occurrence. An alternative phrase is
Casus rarior.
Compare with Casus fortuitus and Casus improvisus.
Casus omissus. kass msss. kzus misus. n. Omitted cause of action. A
matter within the scope of a treaty or other agreement that is not directly
addressed in the text, and that must therefore be the subject of interpretation.
Casus rarior. kass rarr. kzus rerr. n. [pl. Casi rariores. kas rarrs. kz
rerrz.] A rather rare event. An alternative phrase for Casus insolitus.
Cause. (1) Cause; something

Causa. ksa. kzu. n. [pl. Causae. ks. kz.]
or someone that brings about some result or effect; an antecedent reason for
something. (2) The reason or motivation for which a law or decision was
made. (3) An inducement. Compare with Animus.
Causa causans. ksa ksans. kzu kzunz.n. The causing cause. (1) The
original, primary, or fundamental cause. (2) The effective or immediate
cause.
Causa credendi. ksa krdnd. kzu krudend. adv. (commonly used as a n.)
For the sake of credit. An obligation assumed because it is thought to
furnish consideration for the obligation of another party, thereby creating a
binding agreement. In Roman civil law, causa credendi referred to the consider-
ation having the specific purpose of a loan. Thus, one who gave another money
causa credendi was giving a loan. Compare with Causa debendi.
Causa debendi. ksa dbnd. kzu debend. n. The cause of debt. The
consideration for which a debt is incurred. Compare with Causa credendi.
Causa impotentiae. ksa mptnt-. kzu impten. adv. By cause of in-
ability. Due to an unforeseen event (usually, a force majeure) that prevents a
party from performing its obligations under a contract, treaty, or other
agreement.
Causa petendi. ksa ptnd. kzu petend. n. The cause of the claims. The
factual reason for or legal theory underlying a claimant or petitioners cause
of action or claims; wrongs or injuries giving rise to a claim for relief. E.g., A
judge does not fulfil his judicial duty ( judex decidere debet) if he fails to give a
decision on one of the causae petendi of the application (non est judex minus

Causa proxima
petita partium). Advisory Opinion on the Application for Review of Judgement

No. 158 of the United Nations Administrative Tribunal, 1973 I.C.J. Rep. 166,
291, 41 ( Judge De Castro, dissenting).
Causa proxima. ksa prksma. kzu praksimu. n. Nearby cause. (1) The
C immediate cause; the proximate cause. (2) A cause, the effect of which
should have reasonably been foreseen. In the tort and criminal law of common
law countries, an actors wrongdoing or omission must be the proximate or
foreseeable cause of a harm to trigger the actors responsibility for the harm. The
International Law Commissions Draft Articles on Responsibility of States for
Internationally Wrongful Acts art. 31, GAOR, 56th Sess., Supp. No. 10, UN
Doc. A/56/10, do not expressly adopt a causa proxima requirement; they instead
provide more generally that a state is responsible to make full reparation for any
injury caused by an internationally wrongful act. However, Comment 10 to
Article 31 states that a proximate causation standard may be appropriate in
some circumstances. Contrast with Causa remota. See also Causa sine qua non.
Causa proxima non remota inspicitur. ksa prksma nn rmta nspktr.

kzu praksimu nan rmtu inspisitr. It is the proximate, not the remote, cause
that is considered. A maxim meaning that a state or person is responsible for
those harms that follow in a direct chain of causation from the wrongful act, as
opposed to consequences that were remote or not reasonably foreseeable. E.g.,
[Previous legal expenses] are damages indirectly consequent to the collision;
but it is a well known principle of the law of damages that causa proxima non
remota inspicitur. China Navigation Co., Ltd. (Great Britain) v. United States, 6
Rev. Intl Arb. Awards 64, 68 (1921). An alternative formulation is Causa
proxima non remota spectatur. See also Causa proxima.
Causa proxima non remota spectatur. ksa prksma nn rmta spktatr. k

zu praksimu nan rmtu spekttr. It is the proximate, not the remote, cause
that is considered. An alternative formulation of Causa proxima non remota
inspicitur.
Causa remota. ksa rmta. kzu rmtu. n. Remote cause. (1) A remote or
indirect cause. (2) A cause, the effect of which could not have been reason-
ably foreseen by the actor. Contrast with Causa proxima. See also Causa
proxima non remota inspicitur.
Causa sine qua non. ksa sn kwa nn. kzu sin- or -sin kw nan. n. Cause
not without which. A factual cause, regardless of the directness or indirect-
ness of the effect produced; a necessary but not necessarily sufficient cause; a
cause without which the resulting effect would not have been produced. See
also Causa proxima and Sine qua non.

Cessante ratione legis, cessat ipse lex
Causa solvendi. ksa slwnd. kzu salvend. adv. For the sake of dischar-
ging. An obligation is assumed causa solvendi when it replaces a different, prior
obligation owed by either the obligor (usually, a debtor) or another party.
Causae. See Causa.
Cautio iudicatum solvi. kt ydkatm slw. kt jdiktum salv. n. A C
bond for payment of the judgment. A bond deposited with a tribunal to
secure payment for the costs of a litigation. The deposit of a cautio iudicatum
solvi is a prerequisite to filing a complaint in the courts of some states when the
plaintiff is not a national of that state. E.g., Saldanha and MTS concerned a
rule of Austrian civil procedure requiring nationals of other Member States not
resident in Austria to lodge a security for costs (cautio iudicatum solvi) when
bringing legal proceedings. Opinion of Advocate General Cosmas, Andersson
v. Sweden, E.C.J. Case C-321/97, [1999] E.C.R. I-3551, 60.
Caveat. kaw-at. kv-t. v. (commonly used as a n.) May he or she be aware. A
warning. Often seen in the form of the maxim caveat emptor, meaning let
the buyer beware (i.e., the buyer bears the risk of having purchased defective
goods and, therefore, must be on his or her guard and inspect them purchas-
ing) or caveat venditor, meaning let the seller beware. E.g., In this
respect the Court would recall the caveat it included in its Judgment in the
case concerning Military and Paramilitary Activities in and against Nicar-
agua, that Widespread reports of a fact may prove on closer examination to
derive from a single source, and such reports, however numerous, will in such
case have no greater value as evidence than the original source. Oil Platforms
Case (Iran v. U.S.), 2003 I.C.J. Rep. 161, 190, 60 ( Judgment).
v. To be apprised. In U.S. federal law, a
Certiorari. krtrar. srrar. inf.
notice to a lower court that an appellate court will exercise its discretion to review
the lower courts decision. E.g., The Supreme Court declined to grant certiorari
to hear a recent case. Avena and Other Mexican Nationals (Mex. v. U.S.),
2004 I.C.J. Rep. 12, 110, 34 (separate opinion of Judge ad hoc Seplveda).
Cessante ratio, cessat etiam lex. kssant rat, kssat t-am lks. sesant r,
sesut et-um leks. When the rationale ceases, the law also ceases. A maxim
meaning that, when the precondition, rationale, or policy basis for a law
becomes obsolete, the law itself ceases to remain in force. Alternative phrases
are Cessante ratione legis, cessat ipse lex; Cessat ratio, cessat ipse lex; and
Ratione cessante (cessat ipse lex).
Cessante ratione legis, cessat ipse lex. kssant ratn lgs, kssat ps lks.
sesant rn lejis, sesut ips leks. When the rationale of the law ceases, the law
also ceases. An alternative formulation of Cessante ratio, cessat etiam lex.

Cessat ratio, cessat ipse lex
Cessat ratio, cessat ipse lex. kssat rat, kssat ps lks. sest r, sesut ips
leks. When the rationale ceases, the law itself ceases. An alternative formu-
lation of Cessante ratione, cessat etiam lex.
Cessio bonorum. kss bnrm. ses- bnrum. n. Surrender of the

C goods. A surrender of assets to a tribunal, usually in the context of bank-
ruptcy or preparatory to satisfying an award of restitution.
Ceteris paribus. ktrs parbs. setris paribus. All else being equal. (1) With
everything else being equal; with no other facts considered. (2) In equivalent
circumstances. E.g., [W]henever an offence committed by an accused is deemed
to be a crime against humanity, it must be regarded as inherently of greater
gravityceteris paribusthan if it is instead characterised as a war crime.
Consequently, it must entail a heavier penalty. Prosecutor v. Tadic, I.C.T.Y.
Case No. IT-94-1-A ( Jan. 26, 2000), 39 I.L.M. 635, 664, 16 (2000) ( Judgment
in Sentencing Appeals) (separate opinion of Judge Cassese). Sometimes spelled
Caeteris paribus.
Cf. v. An abbreviation of Confer.
Circa. krka. srku. About. Approximately, often used with respect to

dates. E.g., Bahrain has claimed to have demonstrated effectivits on
the Hawars for a period of almost a century and a half, including the
claim that the original Dawasir settlement on Hawars was effected
through grant by a Qadi of Zubarah (circa 1800) when that town was
still under Al-Khalifah rule. Maritime Delimitation and Territorial
Questions Between Qatar and Bahrain (Qatar v. Bahr.), 2001 I.C.J. Rep. 40, 255,
21 (separate opinion of Judge Al-Khasawneh). Sometimes abbreviated as c.
Circulus inextricabilis. krkls nkstrkabls. srkylus inekstrikbilis. n.

A circle that cannot be undone. A vicious circle; a self-perpetuating cycle
in which a first disorder causes a second disorder that, in turn, aggravates the
first, and so on.
Civilis. kwls. sivilus. adj. Civil. Relating to or according to civil law.
adv. Civilly. (1) Done by a civil action or pro-

Civiliter. kwltr. sivilitr.
ceeding. (2) Relating to ones civil rights or duties.
Civitas. kwtas. sivitas. n. [pl. Civitates. kwtats. sivittz.] The state. (1) A
state or city-state. (2) An organized society, community, or social group.
(3) A territorial subdivision of a state.

Clausula rebus sic stantibus
Civitas maxima. kwtas maksma. sivitas mksimu. n. Greatest society.

A coalition or confederation of diverse social, ethnic, or cultural groups
bound together by common legal, moral, and/or cultural ties.
Civitates esse immortales. kwtats ss mmrtals. sivitatz es imrtlz.
States are immortal. An alternative phrase for Civitates immortales sunt. C
Civitates immortales sunt. kwtats mmrtals snt. sivitatz imrtlz sunt.
States are immortal. A maxim meaning that states and their legal obligations
persist, although any persons in a states population may die and governments
may change. An alternative phrase is Civitates esse immortales.
Dismissal of citizen-
Civitatis omissio. kwtats mss. sivittis umis. n.
ship. The loss of citizenship, whether through renunciation or deprivation
by the state. In modern international law, it is considered a violation of
human rights to deprive a citizen of his or her citizenship. See Universal
Declaration of Human Rights art. 15, G.A. res. 217A (III), UN Doc A/810, at
71 (1948).
adv. In clear words. Lucidly and
Claris verbis. klars wrbs. kleris vrbis.
unambiguously stated or written. E.g., [T]he position of the Prosecutor is
not expressed claris verbis. Prosecutor v. Kayishema and Ruzindana, Judg-
ment of May 21, 1999, 614, Case No. ICTR-95-1-T. Compare with Ex-
pressis verbis.
Clausula. klsla. klzylu. Clause. A clause or provision of an agreement,

treaty, or other legal instrument.
Clausula rebus sic stantibus. klsla rbs sk stantbs. klzylu rbus sik stn
tibus. By the clause the situation thus remaining. A condition sometimes
argued to be implicit in international instruments to the effect that they cease
to be obligatory when the facts that were a necessary precondition to the
agreement have fundamentally changed so as to undermine the intent of the
parties. The fulfillment of this condition, for example, may be satisfied by an
unforeseen force majeure. E.g., According to the French contentionthese
Treaties [between France and its protectorates], which were concluded for
an indefinite period, that is to say, in perpetuity, have lapsed by virtue of the
principle known as the clausula rebus sic stantibus because the establishment
of a legal and judicial regime [in the protectorates] in conformity with
French legislation has created a new situation which deprives the capitula-
tory regime of its raison dtre. Advisory Opinion on the Tunis-Morocco
Nationality Decrees (Fr. v. Gr. Brit.), 1923 P.C.I.J. (Ser. B) No. 4, 7, at 21.
See Vienna Convention on the Law of Treaties art. 62, May 23, 1969, 1155
U.N.T.S. 331. Sometimes abbreviated Rebus sic stantibus. An alternative

Clausula si omnes
phrase is Conventio omnis intelligitur rebus sic stantibus. Compare with Res
noviter (interveniens).
Clausula si omnes. klsla s mns. klzylu s amnz. The clause (that

states:) If all A treaty clause providing that if all relevant parties are not
C bound by the treaty, then the treaty is not binding upon any of the parties.
Clausulae inconsuetae semper indicunt suspicionem. klsl nknswt sm

pr ndknt sspknm. klzyl inkanswet sempr indikunt suspinum.
Unusual clauses always arouse suspicion. A maxim meaning that, when a
provision of a legal instrument such as a contract or treaty contains terms
inconsistent with normal customs or drafting techniques, interpretation of
the provision should proceed with sensitivity to the intentions of the parties
to depart from customary or normal practices.
Codex. kdks. kdeks. n. Book. A written code or collection of laws, rules,

or regulations. The term is sometimes used to refer to the Justinian Code
(Codex Iustinianus) (529 CE), which forms part of the collected Corpus Iuris
Civilis (Body of Civil Law) comprising the Code, the Digest, and the
Institutes.
Alimentary
Codex Alimentarius. kdks almntar-s. kdeks limentar-us. n.
Code. The collection of internationally promoted voluntary standards for
foods, food production, and food safety maintained by the Codex Alimen-
tarius Commission, an international organization established by the UN
Food and Agriculture Organization and the World Health Organization to
protect consumer health and informed choice.
Code of
Codex iuris canonici. kdks yrs kannk. kdeks jris knanis. n.
canon laws. The written code of religious or ecclesiastical laws adopted to
govern a Christian church or other mystical faith.
Cogitationis poenam nemo meretur. kgtatns pnam nm mrtr. kaji-

tnis pnum nm meretr. Nobody deserves punishment for thought. An
alternative phrase for Cogitationis poenam nemo patitur.
Cogitationis poenam nemo patitur. kgtatns pnam nm pattr. kajit

nis pnum nm ptitr. Nobody endures punishment for thought. A
maxim, originating in Justinians Digest (48.19.18), meaning that the mere
thought of committing an illegal act cannot itself violate the law. In common
law, this principle finds expression in the requirement of an actus reus in
addition to mens rea for a criminal violation. International human rights law
embodies a version of this principle in guarantees of freedom of thought and
conscience. See, e.g., Universal Declaration of Human Rights art. 18, G.A.

Comitas (gentium)
Res. 217A(III), UN Doc. A/810, at 71 (1948); International Covenant on Civil

and Political Rights art. 18(1), Mar. 23, 1976, 999 U.N.T.S. 171. Alternative
formulations are Cogitationis poenam nemo meretur and Nemo cogitatio-
nis poenam patitur.
n. Fetial com-
Collegium fetialum. kllg-m ft-alm. kuljum fet-lum.
C
mission. The Roman imperial agency (composed of Fetiales) charged with
the conduct of diplomacy and determining and seeking divine authorization
for a decision to resort to war or to pursue peace. Fetiales were considered
inviolate and had duties approximating those of heralds. See also Fetiales and
Ius fetiale (divinum).
Collisio obligationum. klls blgatnm. klizy ablignum. n. Clash of

obligations. A conflict between obligations.
Collisio officiorum. klls ffkrm. klizy firum. n. Clash of duties.
An alternative term for Collisio obligationum.
For the purpose
Colorandi causa. klrand ksa. kulrnd kzu. adj. or adv.
of decoration. (1) For the purpose of illustration or example. (2) For the
purpose of adding flair or panache. E.g., [T]he invocation [of fair and
equitable principles in international investment disputes] is deemed neces-
sary by claimants lawyers colorandi causa, to present a certain flair of an
offense to basic notions of justice to its cause. Rudolf Dolzer, Fair and
Equitable Treatment: A Key Standard in Investment Treaties, 39 Intl Law.
87 (2005).
By color of office. By appar-
Colore officii. klr ffk-. kulr ufi. adv.
ent, claimed, or pretended authority, as when a government official acts
within his or her apparent sphere of competence or jurisdiction. An agents
promise made colore officii may impose a binding obligation on the principal,
and an agents wrongful act colore officii may give rise to liability on the part of
the principal, even though the commitment or act was beyond the technical
competence of the agent under the terms of the agency. An alternative
formulation is Sub colore officii. Compare with Intra vires and Sub colore
iuris. See also Respondeat superior.
Comitas (gentium). kmtas (gnt-m). kamitas (jent-um). n. Courtesy (of

nations). International comity; equitable consideration for a foreign states
interest in the outcome of a dispute or the observance of its own laws;
equitable recognition of a foreign states legislation, executive acts, or judicial
decisions based on respect for the foreign states sovereign interests. In
common law, a court may dismiss a pending action on the principle of
comitas gentium after determining that a foreign state has a superior interest

Commercia belli
in the outcome of the dispute or application of its own law, or if a tribunal of

the foreign jurisdiction has already been seized of the dispute and has made
significant progress toward its resolution. E.g., The Commission therefore
adopted the view that the rules it was drafting on special missions were rules
of law and that they were not based on comitas gentium. International Law
C Commission, Special Missions: Second Report, UN Doc. A/CN.4/179 (Apr.
21, 1965), 1965 (II) Y.B. Intl L. Commn 113, 19.
Commercia belli. kmmrk-a bll. kumru bel. n. pl. Commerce of war.
An agreement between belligerents on the treatment of commercial
or humanitarian activities that might affect the belligerent states themselves
or their populations during the course of an armed conflict. E.g., The
usage of civilized nations hasintroduced certain commercia belli, by
which the violence of war may be allayed, so far as is consistent with its
object and purposes, and something of a pacific intercourse may be kept
up, which may lead, in time, to an adjustment of differences, and ultima-
tely to peace. Henry Wheaton, Elements of International Law
270 (1836).
Commercium iure gentium commune esse debet et non in monopolium et
privatum paucorum quaestum convertendum. kmmrk-m yr gnt-
m kmmn ss dbt t nn n mnpl-m t prwatm pkrm kwstm
knwrtndm. kumrum jr jent-um kamyn es debet et nan in manapl-
um et privtum pkrum kwestum kanvrtendum. Under international law,
commerce should be in common and not converted into a monopoly and
the private gain of a few. A maxim meaning that it is consistent with
international law for a state and its courts to prevent the private citizens
and companies of other states from monopolizing its commerce.
Commodatum. kmmdatm. kamdtum. Loan. A loan or loan contract.
An alternative term is Accommodatum.
Commodum ex iniuria non oritur. kmmdm ks nyr-a nn rtr. ka
mdum eks injr-u nan ritr. Benefit does not arise from wrongdoing. An
alternative phrase for Nullus commodum capere (potest) de sua iniuria pro-
pria.
Commodum ex iniuria sua nemo habere debet. kmmdm ks nyr-a sa

nm habr dbt. kamdum eks injr-u su nm hbr debet. Nobody
should profit from his own wrongdoing. An alternative phrase for Nullus
commodum capere (potest) de sua iniuria propria.
Commodum ex iniuria sua non habere debet. kmmdm ks nyr-a sa nn

habr dbt. kamdum eks injr-u su nan hbr debet. Nobody should

Communis opinio (doctorum)
have a profit from his own wrong doing. An alternative phrase for Nullus
commodum capere (potest) de sua iniuria propria.
Commune bonum. kmmn bnm. kamyn bnum. n. Communal good.

Something that benefits the public or state in general.
Communi consensu. kmmn knsns. kamyn kansens. adv. By common C
consent. By general or universal consent.
Communia. kmmn-a. kamyn-u. n. pl. Common things. (1) Private
property in which many people have, or the public in general has, a right
of servitude. (2) Publicly owned property or things, such as the air or sea.
pl. Com-
Communia praecepta. kmmn-a prkpta. kamyn-u prseptu. n.
mon precepts. Common rules or laws that are binding universally within
their proper jurisdiction.
Communio rei vel iuris. kmmn r wl yrs. kamyn r vel jris. n.
Joint ownership in fact or law. Accidental community of ownership
created by operation law (as opposed to an express agreement between the
owners).
A
Communis error facit ius. kmmns rrr fakt ys. kamynis err fsit jus.
common error makes law. A maxim of Scottish law meaning that an error
of law, repeated often enough and with sufficient conviction, displaces the
former, correct legal rule and creates a new legal rule. Contrast with Com-
munis error non facit ius.
Communis error non facit ius. kmmns rrr nn fakt ys. kamynis err nan
fsit jus. A common error does not make law. A maxim meaning that an
error of law, no matter how often repeated, cannot change the correct
legal rule or create a new legal rule. Contrast with Communis error facit ius.
Communis opinio (doctorum). kmmns pn (dktrm). kamynis upi
ny (daktrum). n. The commonly held opinion (of the educated). (1) The
general opinion of legal experts or scholars on questions of Roman law,
compiled by European glossators of Justinians Digest in the late medieval
period. (2) A general opinion of legal experts or scholars that a specific act or
practice is required or forbidden by international law. Communis opinio
doctorum is widely considered evidence of the establishment of a rule of
customary international law. E.g., The court had stated in that decision that
many Statesadhere strictly to the principle of absolute State immunity;
and that also the communis opinio doctorum is not at all uniform. Paul Abel,
State Immunity, 11 Intl & Comp. L.Q. 840, 841 (1962). Compare with
Opinio iuris (sive necessitatis).

Communis scriptura
Communis scriptura. kmmns skrptra. kamynis skripru. n. Communal

writing. The text of an agreement or treaty.
Compensatio lucri cum damno. kmpnsat lkr km damn. kampens lk
r kum dmn. n. Compensation of profits with damages. The addition of a
C claimants lost profits or the respondents unjust enrichment to out-of-

pocket damages claimed by or awarded to the claimant. E.g., T. Port
maintainsthat in paragraph 66 of the contested judgment the Court of
First Instance misapplied the principle compensatio lucri cum damno by
applying it to a situation in which the advantages created [by] the increase
in tariff quota and the reduction in customs duties are not a consequence of
the breach of law which occasioned the loss in this case, the costs involved in
the mandatory purchase of the export licences which it is supposed that those
advantages offset. T. Port GmbH & Co. KG v. Commission, E.C.J. Case
No. C-122/01, 15, [2003] E.C.R. I-4261.
Compos mentis. kmps mnts. kampus mentis. adj. Having mastery of the
mind. (1) Mentally competent and mature; adequately intelligent. (2) Sane
or sound of mind. Contrast with Non compos (mentis).
Compromissarii sunt iudices. kmprmssar- snt ydks. kamprmisar sunt
jdisz. Arbitrators are judges. A maxim meaning that lawfully constituted
arbitral tribunals will be treated as having the same authority to resolve the
dispute, and the same duty of impartiality, as if they were judges. Compare
with Arbitrium est iudicium.
Compromissum. kmprmssm. kamprmisum. n. Arbitration. A compromis;
an agreement to submit a dispute or a class of potential disputes to arbitration.
Concordare leges legibus est optimus interpretandi modus. knkrdar lgs
lgbs st ptms ntrprtand mds. kankrdar lejz lejibus est aptimus
intrpretnd mdus. The best method of interpretation is to harmonize laws
with laws. A maxim meaning that whenever possible laws should be inter-
preted not to conflict with or contradict each other.
Concursus in delicto. knkrss n dlkt. kankrsus in dulikt.n. Coopera-
tion in crime. (1) A conspiracy to commit a criminal act. (2) Cooperation in
a criminal enterprise generally.
Condicio. kndk. kandi. n. Condition. A condition; a prerequisite. See
also Conditio.
Condicio per quam. kndk pr kwam. kandi pr kwam. n. Condition by
means of which. A stipulation or condition that, if fulfilled, causes some
specified effect; a causative condition. E.g., The efficacy of the entire legal

Confer
order is a necessary condition for the validity of every single norm of the
order. A conditio sine qua non, but not a conditio per quam. The efficacy of the
total legal order is a condition, not the reason for the validity of its constitu-
ent norms. Hans Kelsen, General Theory of Law and State 119
(Anders Wedberg trans., 1945).
C
Condicio praecedens adimpleri debet prius quam sequatur effectus. knd
k prkdns admplr dbt prs kwam skwatr ffkts. kandi prsdenz
dimplr debet prus kwam sekwutr efektus. A condition precedent should be
fulfilled before the effect can follow. A maxim meaning that a provision in
an agreement or treaty conditioning a right or obligation on some prior event
should not be given effect until that event has occurred.
Condicio sine qua non. kndk sn kwa nn. kandi sin kwa nan. n.
Condition without whichnot. Something that is quintessential, defini-
tional, or indispensable for something else. Commonly used in abbreviated
form as Sine qua non. E.g., Since the Court has found that the condition
sine qua non required for the exercise of the right of collective self-defence by
the United States is not fulfilled in this case, even if the United States
activities in question had been carried on in strict compliance with the
canons of necessity and proportionality, they would not thereby become
lawful. Military and Paramilitary Activities in and Against Nicaragua
(Nicar. v. U.S.), 1986 I.C.J. Rep. 13, 237.
Conditio. kndt. kandi. n. Condition. This is an alternative spelling,

which became popular in the medieval era, of the term Condicio. The proper
classical Latin spelling is condicio; for definitions of terms that use the word
conditio in this guidebook, substitute condicio.
Condominium. kndmn-m. kandumin-um. n. Joint dominion. (1) A

situation in which two or more states share sovereignty over a territory
external to the territory of the sovereign states. E.g., Given that there is a
condominium of the waters of the Gulf, it follows that there is a tri-partite
presence at the closing line and that Honduras is not locked out from rights
in respect of the ocean waters outside the bay. Land, Island, and Maritime
Frontier Dispute (El Sal. v. Hond.; Nicar. intervening), 1992 I.C.J. Rep. 351,
607, 418 ( Judgment). (2) Generally, common or joint ownership.
Confer. knfr. kanfr.v. imp. Compare. Compare with. This term is used
in a citation to indicate that the argument made or fact stated should be
compared with a different cited source that makes an analogous point or
contains related background information. Commonly abbreviated Cf.

Confessio in iudicio
Confessio in iudicio. knfss n ydk. kanfes in jdi. n. Confession in

court. A confession or admission made before an authoritative tribunal
while the tribunal is in session.
Coniectio. knykt. kanjek. n. [pl. Coniectiones. knyktns. kanjek

nz.] Inference. A conclusion inferred from evidence.
C
Coniuncta. knynkta. kanjunktu. n. pl. Conjoined things. Things or matters
connected or joined in fact or law.
Coniunctim et divisim. knynktm t dwsm. kanjunktim et divzim. adv.

Jointly and separately. Both jointly and severally.
Conquisitio. knkwst. kankwizi. n. A seeking out. The occupation and

annexation of a foreign territory by armed force. Historically, conquisitio was
considered a valid means by which a state could acquire new territory and
expand its dominion. In modern international law, both international cus-
tom and Article 2(4) of the UN Charter prohibit territorial aggression.
n. Inviolate con-
Conscientia illaesa. knsk-nt-a llsa. kan-enu ilzu.
science. (1) Good faith. (2) A clean conscience. Compare with Bona fides.
Consensus ad idem. ksnss ad dm. kansensus d dum. n. Agreement

to the same. (1) An agreement on the substance (e.g., of a treatys terms).
(2) Generally, a meeting of the minds. An alternative formulation is Con-
sensus in idem.
Consensus in idem. ksnss n dm. kansensus in dem.n. Agreement into

the same. An alternative formulation of Consensus ad idem.
Consentire videtur qui tacet. knsntr wdtr kw takt. kansentr videtr

kw tset. One who remains silent is considered to consent. An abbreviation
of Qui tacet consentire videtur (ubi tractatur de eius commodo).
Consimili casu. knsml kas. kansimil ks. adv. In a similar case. An

abbreviated form of In consimili casu.
Consuetudo. knswtd. kanswetd. n. Custom. (1) Customary law; norms

that have become binding on the relevant parties by long and consis-
tent usage giving rise to a shared expectation of continuation of the practice.
(2) Custom or longstanding practice generally.
Consuetudo debet esse certa. kswtd dbt ss krta. kanswetd debet e

s srtu. A custom should be settled. A maxim meaning that, to arise to the
level of a binding custom, a practice must be enduring, consistent, and no
longer subject to serious doubt.

Consules missi
Consuetudo est altera lex. knswtd st altra lks. kanswetd est altru leks.
Customs is another law. A maxim meaning that a customary practice of
sufficient consistency and longevity becomes binding. Compare with Con-
suetudo observanda est.
Consuetudo est optimus interpres legum. knswtd st ptms ntrprs l C

gm. kanswetd est aptimus intrprez lejum. Custom is the best interpreter
of law. An alternative formulation of Optima est legis interpres consuetudo.
Consuetudo loci observanda est. knswtd lk bsrwanda st. kanswetd

ls absrvndu est. The custom of the place should be observed. A maxim
meaning that local customs are generally binding on parties acting or
transacting business within the jurisdiction. Compare with Consuetudo
observanda est.
Consuetudo mercatoria. knswtd mrkatr-a. kanswetd mrkutr-u. n.

Mercantile custom. An alternative term for Lex mercatoria.
Consuetudo mercatorum. knswtd mrkatrm. kanswetd mrkutrum. n.

The custom of merchants. An alternative term for Lex mercatoria.
Consuetudo observanda est. knswtd bsrwanda st. kanswtd absrvndu

est. Custom is observed. A maxim meaning that customary laws and
practices should be enforced even though they may not have been formally
enacted or codified. Compare with Consuetudo est altera lex and Consue-
tudo loci observanda est.
Consules. knsls. kanslz. n. pl. Consuls. Diplomats beneath the level of

ambassador assigned to represent the state in a host state (usually having
responsibilities for a specific city or region) for limited matters, such as the
protection of the sending states citizens visiting or residing in the host state,
or facilitating international trade or investment. See the Vienna Convention
on Consular Relations art. 5, Apr. 24, 1963, 596 U.N.T.S. 261.
pl. Elect consuls. Honor-

Consules electi. knsls lkt. kanslz elekt. n.
ary consuls; prominent citizens of a host state chosen by a foreign state to
represent that foreign state in the host state for purposes of protecting the
foreign states citizens while in the host state. But see the Vienna Convention
on Consular Relations art. 22 and ch. III, Apr. 24, 1963, 596 U.N.T.S. 261.
Contrast with Consules missi. See also Consules.
Consules missi. knsls mss. kanslz mis. n. pl. Sent consuls. Official
career consuls, usually of the nationality of the sending state. See also Con-
sules. Contrast with Consules electi.

Contemporanea expositio
Contemporanea expositio. n. kntmpran-a kspst. kantemprn-u ek-

spzi. Contemporaneous exposition. An interpretation of a law or legal
instrument based on evidence of the intent of the negotiators or drafters at
the time of the laws or instruments adoption. See also Contemporanea
expositio est optima et fortissima in lege.
C
Contemporanea expositio est optima et fortissima in lege. kntmpran-a
kspst st ptma t frtssma n lg. kantemprn-u ekspzi est aptimu
et frtisimu in lej. A contemporaneous exposition is the best and strongest
in the law. A maxim meaning that evidence of the intent of the drafters of a
law or parties to a legal instrument at the time of the laws or instruments
adoption, as well as their understanding of the law as it existed at that time, is
the most credible and valid evidence of the meaning of vague, ambiguous, or
disputed language. See also Contemporanea expositio.
Contestatio litis. kntstat lts. kantest litis. n. Contestation of the

lawsuit. An alternative formulation of Litis contestatio.
Continuum iuris. kntn-m yrs. kantiny-um jris. n. Continuation of

law. (1) The continuation of legal obligations or a code of laws after a
change in a states government or identity. (2) A continuation of laws
resulting in the elimination of any gap in legal authority or rules. E.g.,
[I]nternational law does not effect any renvoi to the law established by the
colonizing State, nor indeed to any legal rule unilaterally established by any
State whatever; French lawespecially legislation enacted by France for its
colonies and territoires doutre-mermay play a role not in itself (as if there
were a sort of continuum juris, a legal relay between such law and interna-
tional law), but only as one factual element among others, or as evidence
indicative of what has been called the colonial heritage, i.e., the photograph
of the territory at the critical date. Frontier Dispute (Burk. Faso v. Mali),
1986 I.C.J. Rep. 554, 568, 30.
Contra. kntra. kantru. prep.Against. (1) In opposition. (2) To the contrary.

(3) A citation signal meaning that the authority cited takes a position
opposing the proposition to which the citation refers. Compare with Secus.
Contra bonos mores (et decorum). kntra bns mrs (t dkrm). kantru
bns mrz- or -mrz (et dekrum). adj. or adv. Against good (and right)
practices. (1) Immoral. (2) Inequitable. (3) Inconsistent with or contrary to
preferred or sound practices, customs, public policy, or notions of equity.
A court may refuse to enforce a foreign judgment if the law on which the
judgment was based is considered contra bonos mores. E.g., The law of that
place [where two persons were married and that is the domicile of each] will

Contra pacem
therefore control in all respects, even when the marriage is called into
question elsewhere as being contrary to the law of the forum, unless it be
contra bonos mores, as polygamous, or universally incestuous. Raleigh
C. Minor, Conflict of Laws; or, Private International Law
14950, 73 (1901). An alternative phrase is Adversus bonos mores. See
also Boni mores. C
Contra constitutionem. kntra knstttnm. kantru kanstitnem. adj. or
adv. Against the constitution. Contrary to the constitution. E.g., [B]y
its nature [this provision of the Constitution of the Republic of Bosnia and
Herzegovina] constitutes a revision of the Constitution carried out contra
constitutionem in the form of a consolidation of the text of the Constitu-
tion. Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595, 700, 34
( Judge ad hoc Krea, dissenting).
Contra factum proprium. kntra faktm prpr-m. kantru fktum prapr-um.
adj. or adv. Against ones own deed. In contradiction to oneself; inconsis-
tent(ly); hypocritical(ly). E.g., A couple of relevant facts regarding the
practice of the [United Nations] Organization concerning membership of
the Federal Republic of Yugoslavia raise the question of whether the Orga-
nization acted contra factum proprium [in allowing Yugoslavia to participate
in the UN General Assembly while denying it membership]. Legality of Use
of Force (Yugo. v. Can.), 1999 I.C.J. Rep. 259, 343 (Request for Provisional
Measures).
Contra ius belli. kntra ys bll. kantru jus bel. adj. or adv. Against the law of
war. Contrary to the international law governing the initiation or conduct of
an armed conflict. See also Ius ad bellum and Ius in bello.
Contra legem. kntra lgm. kantru lejem. adj. or adv. Against the law.
(1) Contrary to a legal obligation; illegal(ly); based on a principle of equity in
contradiction to a rule of positive law. (2) Not rising to the level of a legal
obligation; permissible but not required by law. E.g., [T]he rejection of
theseprinciples [asserted to represent international law] implies that [the
rejecting states] consider them as being contra legem. The Caltex Arbitration
(Texaco v. Libya), 53 I.L.R. 87, 87 (1982).
Contra legem terrae. kntra lgm trr. kantru lejem ter. adj. Against the
law of the land. Against the municipal law of the state.
Contra pacem. kntra pakm. kantru pkum. adv. Against peace. (1) In
municipal law, done in breach of the public peace. (2) By extension to
international law, in violation of the rights of another state or the international

Contra proferentem
community in such a manner as to furnish the offended state with justification

for resorting to armed force against the violator. See also Casus belli.
Contra proferentem. kntra prfrntm. kantru prafrentum. adv. Against the

offeror. A principle of private law suggesting that ambiguity or vagueness in
C the legal instrument should be construed against the interests of the drafter.
Thus, where there are two possible interpretations of contractual language,
one of which is less favorable to the drafter and more favorable to the other
party or parties, the instrument will be construed in this manner. Compare
with In favorem debitoris. Contrast with In ambiguis orationibus maxime
sententia spectanda est eius qui eas protulisset.
Contradictio in adiecto. kntradkt n adykt. kantrudik in djekt. n. A

contradiction in what has been added. A self-contradiction. E.g.,[I]t ap-
pears that both the scope and the object of killing allow only the interpreta-
tion expressed in the Krsti case that selective genocide took place, a notion
which, in the light of the requirements established in Article II of the
Convention, represents no more than contradictio in adjecto. Application of
the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosn. & Herz. v. Yugo.), I.C.J. No. 91, Judgment of Feb. 26, 2007, at 87,
150 (separate opinion of Judge ad hoc Krea).
Contrarius consensus. kntrar-s knsnss. kantrar-us kansensus. n. Agree-

ment to the contrary. (1) Agreement to the contrary. (2) Agreement to
renounce or repeal a prior agreement or other legal instrument. E.g., [I]f
tacit abrogation [of a treaty] were recognized, it would be necessary to
produce proof of the facta concludentia which would have to be relied on to
demonstrate the contrarius consensus of the parties, and proof of sufficient
force to relieve the parties of the obligation undertaken by them under the
treaty. Nuclear Tests (Austl. v. Fr.), 1974 I.C.J. Rep. 253, 381 ( Judge De
Castro, dissenting). See also Per facta concludentia.
Conventio. knwnt. kanven. n. Coming together. An agreement, treaty,

or convention.
Conventio omnis intelligitur rebus sic stantibus. knwnt mns ntllgtr

rbs sk stantbs. kanven amnis intelijitr rbus sik stntibus. With cir-
cumstances being as they are, the entire agreement is understood. An
alternative phrase for Clausula rebus sic stantibus.
Convictio iuris (sive necessitatis). knwkt yrs (sw nksstats). kanvik

jris (siv nesesittis). n. Legal conviction (whether necessary). An alter-
native formulation of Opinio iuris (sive necessitatis).

Corpus iuris civilis
Coram iudice. kram ydk. krum jdis. adv.Before the judge. (1) Before
a tribunal having proper jurisdiction. (2) Generally, in the presence
of, or before, a judge or authoritative tribunal. Contrast with Coram non
iudice.
Coram non iudice. kram nn jdis. krum nan jdis. adv. Not before the C
judge. (1) In a tribunal or venue lacking proper jurisdiction. (2) Outside the
presence of, or not before, a judge or authoritative tribunal. Contrast with
Coram iudice.
Corpora delicti. krpra dlkt. krpru dulikt. n. pl. Objects of the offense.
Physical or tangible evidence of wrongdoing. E.g., According to [the U.K.]
Government, the corpora delicti must be secured as quickly as possible, for
fear they should be taken away, without leaving traces, by the authors of the
[unlawful] minelaying. The Corfu Channel Case (U.K. v. Alb.), 1949 I.C.J.
Rep. 4, 34 (Merits).
Corpore possessio. A misspelling of Corporis possessio.
Corporis possessio. krprs pssss. krpuris pzes. n. Possession of the

body. Physical occupation of a territory, which is considered important to
sustain a claim of sovereignty over inhabited or contested territory. E.g.,
Effective possession, the objective element of a corpore possessio, [sic: corporis
possessio] should be accompanied by a subjective element consisting of the
animus possidendi. Maritime Delimitation and Territorial Questions Be-
tween Qatar and Bahrain, 2001 I.C.J. Rep. 40, 100 (Merits). Compare with
Corpus possessionis. See also Animus possidendi.
Corpus. krps. krpus. n. Body. (1) A persons physical being. (2) A portion
of matter especially distinct from other portions or the totality, as in a body
of cavalry. (3) The totality of something itself, as in a body of law (corpus
iuris). E.g., The reservations [to jurisdiction] constitute exceptionsin this
case ratione materiaeto that jurisdiction. They do not constitute exceptions
to the ruling principles of the corpus of international law. Fisheries Jurisdic-
tion (Spain v. U.K.), 1998 I.C.J. Rep. 432, 502, 24 ( Jurisdiction) ( Judge
Weeramantry, dissenting).
n. Body of law. (1) A body of law,

Corpus iuris. krps yrs. krpus jris.
such as the collection of rules relating to a specific subject. (2) A compre-
hensive collection of the laws of a jurisdiction.
n. Body of civil
Corpus iuris civilis. krps yrs kwls. krpus jris sivilus.
law. (1) Generally, the entirety of Roman civil law. (2) Specifically, the
comprehensive code of Roman law, compiled by order of Emperor Justinian I

Corpus iuris gentium
between 529 and 535 ce under the supervision of the jurist Tribonian, with the
intent of synthesizing and codifying the entirety of Roman civil law.
Corpus iuris gentium. krps yrs gnt-m. krps jris jent-um. n. Body
of the law of nations. (1) The entirety of the rules of international law, both
C substantive and procedural. (2) The entirety of the rules of international law
relating to a specific (named) subject matter. E.g., In this domain [of treaty
interpretation], as elsewhere, the corpus juris gentium has been considerably
enriched, and this the Court, if it is faithfully to discharge its functions, may not
ignore. Advisory Opinion on the Legal Consequences for States of the Continued
Presence of South Africa in Namibia (South West Africa), 1971 I.C.J. Rep. 16, 53.
Corpus possessionis. krps pssssns. krpus pzenis. n. The body of
what is occupied. A territory physically occupied by a party. Such occupa-
tion is considered important to sustain a claim of sovereignty over inhabited
or contested territory. Compare with Corporis possessio. See also Animus
occupandi.
Corrigendum. krrgndm. krijendum. n. [pl. Corrigenda. krrgnda. kri-

jendu.] Thing to be corrected. An error, usually typographical, needing to
be or having been corrected. See also Erratum.
Crimen. krmn. krmen. n. [pl. Crimina. krmna. kriminu.] Crime.
(1) Crime. (2) A charge against someone of having committed a crime.
Crimen contra omnes. krmn kntra mns. krmen kantru amnz. n. Crime
against all. A crime against humanity as a whole, such as piracy, slavery,
genocide, or terrorism.
n.
Crimen laesae maiestatis. krmn ls maystats. krmen lz mjesttis.
The crime of injured sovereignty. High treason against a sovereign. A
crimen laesae maiestatis could include such acts as espionage against ones
own state of nationality on behalf of a foreign sovereign or waging war
against ones own sovereign. An alternative formulation is Crimen maiesta-
tis. Compare with Perduellio. See also Laesa maiestas.
Crimen maiestatis. krmn maystats. krmen mjestatis. n. The crime of

sovereignty. An alternative formulation of Crimen laesae maiestatis. Com-
pare with Perduellio. See also Laesa maiestas.
Crimen trahit personam. krmn traht prsnam. krmen trhit prsnum.
The crime brings along the person. A maxim meaning that a state may
assert personal jurisdiction over anyone of whatever nationality or domicile
who has committed a crime within its territory. See also Debet quis iuri
subiacere ubi delinquit.

Cuius regio eius religio
Crimina iuris gentium. krmna yrs gnt-m. kriminu jris jent-um. n.

Crime of the law of nations. A crime under international law. Compare
with Delictum iuris gentium.
Cui bono? k bn? kw bn? int. For what good? (1) An interrogative
asking who will reap or has reaped the benefit or advantage of an act or C
condition. (2) An interrogative asking what benefit an act or condition could
create.
Cuius. kys. kyjus. adj. (commonly used as a n.) Whose. The person to
which something belongs. E.g., The close connection between the person-
alities of the cuius and the heir is not a general principle of private law.
Hersch Lauterpacht, Private Law Sources and Analogies of Public
International Law 131 (1927).
Cuius est solum eius est usque ad coelum (et ad inferos). kys st slm ys
st skw ad klm (t ad nfrs). kyjus est salum ejus est yskw d slum (et
d infrs). To whomsoever it belongs, it is his all the way to the heavens
(and all the way to hell). A Roman private law maxim meaning that
property or territory extends upward theoretically into the limits of the
atmosphere and downward into the soil and substrate to the core of the
Earth. This rule has sometimes been imported by analogy into international
law. The Chicago Aviation Convention provides that every state has com-
plete and exclusive sovereignty over the air space above its land territory and
territorial waters and does not specify a vertical limit. See Convention on
International Civil Aviation, Dec. 7, 1944, art. 1, 15 U.N.T.S. 295. The Outer
Space Treaty forbids any party to claim sovereignty over any part of outer
space. Treaty on Principles Governing the Activities of States in the Explo-
ration and Use of Outer Space, Including the Moon and Other Celestial
Bodies, Oct. 10, 1967, art. 2, G.A. Res. 2222 (XXI), G.A.O.R. Doc. A/6431,
21st Sess., Dec. 19, 1966. Whether state sovereignty ends where outer space
begins, at the Krmn Line (altitude of 100 km), at the point of atmospheric
drag on re-entry, or some other place has not been definitively resolved in
international law. Downward sovereignty seems to be limited only by tech-
nology. See also Ad coelum (et ad inferos).
Cuius regio eius religio. kys rg ys rlg. kyjus rejy ejus rulij.
Whosever territory, his religion. The principle, established by the Treaty
of Westphalia of 1648, that the prince of any particular principality deter-
mines the religion of the inhabitants of that principality. The maxim has
sometimes been applied as an expression of the concept of a states sover-
eignty over its own territory.

Culpa
Culpa. klpa. klpu. n. Fault. (1) Moral responsibility for wrongdoing. (2) A
breach of a binding legal obligation entailing liability. In Roman law, culpa
referred to any illegal act of commission or omission. E.g., [T]he non-
execution of a contractual obligation connotes, by itself, the existence of
culpa, so that a debtor can only clear himself if he can prove the existence of
C an external cause; yet one may still consider that culpa itself is absent. The
Corfu Channel Case (U.K. v. Alb.), 1949 I.C.J. Rep. 4, 84, 10 (Merits)
( Judge Azevedo, dissenting). See also dolus malus. (3) Negligence; a failure
to act with due diligence; a wrongful omission. See Justinians Digest
(50.16.213). Contrast with Diligentia.
Culpa in eligendo. klpa n lgnd. klpu in elijend. n. Fault in selecting.

A poorly made decision. It has sometimes been hypothesized that the basis
of a states responsibility under international law for the acts of its officials is
culpa in eligendo, or a failure to appoint officials who will comply with
international law. Sometimes misspelled culpa in elegiendo. See also Culpa in
vigilando.
Culpa in vigilando. klpa n wgland. klpu in vijilnd. n. Fault in super-

vising. A failure to supervise properly or to exercise due diligence. It has
sometimes been hypothesized that the basis of state liability under interna-
tional law for the acts of its officials (or sometimes nationals or persons
within its territory) is attributable to the states failure to observe its duty to
control these persons. See also Culpa in eligendo.
Culpae poena par esto. klp pna par st. klp pnu par est. Let the
punishment equal the crime. A maxim of Roman law meaning that the
punishment prescribed for a crime should be proportional to the seriousness
of the crime. See Marcus Tullius Cicero, De Legibus 3.4 (51 BCE).
Cum. km. kum. adv. When; since; although. A term sometimes used in
place of when or insofar as.
Cum cura. km kra. kum kyru. adv. With care. (1) Cautiously. (2) Careful-
ly; not negligently.
Cum grano salis. km gran sals. kum grn slis. adv. With a grain of salt.
(1) Skeptically; inferring or assuming that the speaker or writer is exaggerat-
ing or making an inaccurate assertion. E.g., Oppenheim, in the middle of
the nineteenth century, contended that the analogy [of public international
law] to private law should be rejected or taken cum grano salis, as against the
assertions of Pufendorff, in the seventeenth century, that the analogy was
reasonable. Carl W. Young, The International Legal Status of the

Custos
Kwantung Leased Territory 109 (1931). (2) With reservations to the

general applicability of the assertion made.
Cum imperio. km mpr. kum impr. adv. With sovereignty. Having the
trait of sovereignty.
Cum laude. km ld. kum ld or -ld. adj. or adv. Neo. With praise. With C
distinction or honors. The term is commonly applied to a graduating student
who has achieved academic distinction. See also Magna cum laude and
Summa cum laude.
Cum onere. km nr. kum nr. adv. With burden. (1) With an existing
charge, easement, restriction, or other burden. (2) Carrying or being respon-
sible to carry the burden of proof.
Curator absentis. kratr absnts. kyrtr bsentis. n. Caretaker of the
absent. An alternative formulation of Curator in absentia.
n. Caretaker in
Curator in absentia. kratr n absnt-a. kyrtr in bsenu.
the absence. The representative or counsel before a tribunal of a party not
able or willing to appear before the tribunal. An alternative formulation is
Curator absentis.
The court knows

Curia novit (iura). kr-a nwt (yra). kyr-u navit (jru).
(the laws). An alternative formulation of Iura novit curia.
Curriculum vitae. krrklm wt. krikylum vit or -vt. n. [pl. Curricula
vitae. krrkla wt. krikylu vit or -vt.] The racecourse of life. A
summary document explaining a persons qualifications for business, profes-
sional, or employment purposes; a summary biographical statement. Com-
monly abbreviated C.V.
Custodes treugarum. kstds tr-garm. kustdz trgarum. n. Cel. Keepers
of the truce. Hostages given voluntarily by one state or empire to another to
guarantee the former states performance of a treaty or other obligation. This
practice was common in the ancient and medieval eras but is long obsolete.
In the laws custody. In
Custodia legis. kstd-a lgs. kustd-u lejis. adv.
the possession, or within the territorial jurisdiction, of an authoritative
tribunal.
Custos. kstz. kustz. n. Guardian. Guardian; protector; warden.

D
................................
Da mihi factum, dabo tibi ius. da mh faktm, dab tb ys. da mih fktum,
db tib jus. Give me the facts, I will give you law. A maxim meaning that
the parties to a dispute must present evidence to the tribunal, which will
arrive at a legal decision based on the parties evidence alone. E.g., In
litigation, the parties are masters of the evidence: the court has a passive
role. In the words of the traditional axiom of procedure, the court says to the
party: da mihi factum, dabo tibi jus. The parties put forward facts and submit
the evidence that they consider favourable to their claims, and the court takes
them into consideration when making its decision (secundum allegata et
probata). Advisory Opinion on the Western Sahara, 1975 I.C.J. Rep. 12, 138
(separate opinion of Judge De Castro).
Damna. See Damnum.
An action
Damni iniuria actio. damn nyr-a akt. dmn injr-u kt. n.
at law for wrongful damage. An alternative formulation of Actio damni
iniuria.
Damnificatus. damnfkats. dmnifiktus.n. Ecc. The injured. One who has

suffered a compensable injury caused by another. Contrast with Non damni-
ficatus.
Damnum. damnm. dmnum. n. [pl. Damna. damna. dmnu.] Loss. An

injury, harm, or loss that provides the basis for a legal claim for reparations.
Damnum absque iniuria. damnm abskw nyr-a. dmnum bskw injr-u. n.

Loss without wrong. Damage not caused by the wrong, negligence, fault,
or injustice of any person or state (except possibly that of the injured party)
and, therefore, usually giving rise to no liability. Such injury can arise, for
example, from a legally permissible act, such as the normal use of water from
a watercourse by an upstream state; the loss of water to the downstream state,
72
De cetero
if reasonable, gives rise to a damnum absque iniuria. Alternative formulations

are Absque iniuria damnum and Damnum sine iniuria. Contrast with Iniuria
absque damno. See also Damnum sine iniuria esse potest, Non damnifica-
tus, and Non omne damnum inducit iniuriam.
Damnum emergens. damnm mrgns. dmnum mrjenz. n. Direct loss. An

D
injury arising directly from a wrong, without intervening causative events or
factors. Speculative or prospective damages, such as lost profits, are not includ-
ed in damnum emergens. E.g., In Indonesian law, like in all systems of civil law,
damages are to compensate the whole prejudice, whose two classical compo-
nents are the loss suffered (damnum emergens) and the expected profits which
are lost (lucrum cessans). Amco Asia Corp. v. Indonesia, ICSID Case No. ARB/
81/1, Award of Nov. 20, 1984, 266. Contrast with Lucrum cessans.
Damnum fatale. damnm fatal. dmnum futl. n. Damage ordained by fate.
Damage caused by a force majeure, such as war, shipwreck, or natural
catastrophe. In Roman law, a bailee was not held liable for damage to
property held for the bailor caused by damnum fatale.
n. Loss
Damnum sine iniuria. damnm sn nyr-a. dmnum sin injr-u.
without wrong. An alternative formulation of Damnum absque iniuria.
Damnum sine iniuria esse potest. damnm sn nyr-a ss ptst. dmnum
sin injr-u es ptest. There can be loss without wrong. A maxim
meaning that an injury may occur without giving rise to any persons legal
liability if no violation of law or a legal duty has occurred. See also Damnum
absque iniuria.
Datio in solutum. dat n sltm. d in saltum. n. A giving in payment.

A payment made in order to discharge a duty.
De aequitate. d kwtat. d ekwitt. adv. In equity. (1) Equitably. (2) Under
a system of equity. See also Aequitas.
De alto et basso. d alt t bass. d alt et bs. adv. Neo. Of high
and low.
(1) Completely; entirely. (2) In reference to arbitration, a compromissory
clause applies de alto et basso when it submits all disputes of any type
whatsoever to the arbitral tribunal.
De ambitu. d ambt. d mbit.adv. Of moving about. By dishonest or
fraudulent methods, as when one secures a position or advantage by bribery.
adv. Of the remainder. In the future; from
De caetero. d ktr. d setr.
now on. An alternative spelling is De cetero.
De cetero. An alternative spelling of De caetero.

De Conflictu Legum
De Conflictu Legum. d knflkt lgm. d kanflikt lejum. N. On the Con-

flict of Laws. The title to several works on the conflict of laws, including
most notably Ulrich Hubers 1689 essay, De Conflictu Legum Diversarum in
Diversis Imperiis (On the Various Conflict of Laws in Various Empires).
D De die in diem. d d n dm. d d in dum. adv. From day to day.

(1) Continually; ongoing. (2) Recurrently. (3) On a daily basis. An injury that
occurs de die in diem is an ongoing injury that does not cease until a condition
of illegality is terminated. Commonly abbreviated In diem.
De Dominio Maris. d dmn mars. d dumin maris. N. On Dominion of

the Ocean. The title to a 1703 work by Cornelius van Bynkershoek
(16731743) on state jurisdiction over the oceans and acts occurring thereon.
De facto. d fakt. d fkt. adj. From the fact. (1) As a matter of fact or
reality. E.g., States are not allowed on the one hand to act de facto through
individuals and on the other to disassociate themselves from such conduct
when these individuals breach international law. Prosecutor v. Tadic, I.C.T.Y.
Case No. IT-94-a-A, 117, 38 I.L.M. 1518 (1999). Contrast with In potentia.
(2) Existing in fact while lacking in legal or moral legitimacy. Contrast with
De lege. See also In actu.
De Foro Legatorum. d fr lgatrm. d fr legutrum. N. On the Forum of

Legates. The title to a 1721 work by Cornelius van Bynkershoek (16731743)
on state jurisdiction over diplomats in civil and criminal matters.
De futuro. d ftr. d fyr. adv. Of the future. (1) With regard to the
future. (2) Relating to that which will occur at a future time. Compare with
In futuro and Pro futuro.
De gratia. d grat-a. d gru. adj. or adv. By favor. Gratuitous; gratuitously;

not due to any legal duty.
De gustibus non est disputandum. d gstbs nn st dsptandm. d gustibus

nan est dispytndum. One should not argue over taste. The Latin version of
the popular saying: Theres no accounting for taste.
De incremento. d nkrmnt. d inkrument. adj. or adv.Of increase. Addi-

tional; additionally. Damages awarded to a claimant de incremento are addi-
tional to amounts previously claimed or awarded. Note that this term does
not mean incremental or incrementally.
adv. Intentionally. Intentionally;

De industria. d ndstr-a. d industr-u.
purposely. An alternative formulation is Ex industria. Compare with Ex
proposito.

De lege
De iniuria. d nyr-a. d injr-u. adv. Of injury. Relating to a harm or

injury.
De integro. d ntgr. d integr. adv. Of the whole. Again; another time.
De iure. d yr. d jr. adj. From right. As a matter of right; by operation of

law. Compare with De lege. Contrast with De facto. D
N. On the
De Iure Belli ac Pacis. d yr bll ak paks. d jr bel k pkis.
Laws of War and Peace. The title to a treatise on international law first
published in 1625 by the Dutch philosopher Hugo Grotius, or Huig de
Groot (15831645).
De Iure Belli Libri Tres. d yr bll lbr trs. d jr bel libr tres. N. On the Laws
of War in Three Volumes. The title to the treatise on the international law
of war written in 1598 by the Italian scholar Alberico Gentili (15521608).
De iure condendo. d yr kndnd. d jr kandend. adv. Of the law being

established. With respect to law in a transitional stage or in the process of
being established. Contrast with De iure condito. See also Ius condendo.
De iure condito. d yr kndt. d jr kandit. adv. Of the established law.

Relating to the law presently in force. Compare with De lege lata. Contrast
with De iure condendo.
De Iure Praedae Commentarius. d yr prd kmmntar-s. d jr prd

kamenter-us. N. Commentary on the Law of Prizes. The title to the
posthumously published treatise on the international law relating to prizes
written between 1604 and 1608 by the Dutch philosopher Hugo Grotius
(15831645), but which Grotius himself entitled De Rebus Indicis (On Indian
Matters).
De iure gestionis. d yr gstns. d jr jestnis. adj. Of the law of

behavior. See Iure gestionis.
De iure imperii. d yr mpr-. d jr impr. adj. Of sovereign law. See

Iure imperii.
De Iure Naturae et Gentium. d yr natr t gnt-m. d jr nr et jen

t-um. N. On Natural and International Laws. The title to a treatise on
international law written in 1672 by German scholar Samuel von Pufendorf
(163294).
Of the written law. As a matter of law;

De lege. d lg. d lej or -lej. adj.
according to law, regardless of whatever practices are in fact adopted.
Compare with De iure. Contrast with De facto.

De lege ferenda
Of the law [that

De lege ferenda. d lg frnda. d lej- or -lej frendu. adj.
is] to be proposed. Relating to lex ferenda. See Lex ferenda. E.g., [I]t
appears essential to this Tribunal to distinguish between those provisions
stating the existence of a right on which the generality of the States has
expressed agreement and those provisions introducing new principles which
D were rejected by certain representative groups of States and having nothing
more than a de lege ferenda value only in the eyes of the States which have
adopted them. The Caltex Arbitration (Texaco v. Libya), 53 I.L.R. 87, 87
(1982). Compare with Sub specie ferendae. Contrast with De lege lata.
adj. Of the existing
De lege lata. d lg lata. d lej- or -lej ltu or -latu.
law. Relating to lex lata. See Lex lata. Contrast with De lege ferenda.
De minimis. d mnms. d minumis. adj. Of minimal things. (1) In an
insubstantial or trivial amount. (2) In or by the smallest possible amount.
(3) Relating to a fact or matter so insignificant that the tribunal may
disregard it as lacking in legal consequence. See also De minimis non curat
lex.
De minimis non curat lex. d mnms nn krat lks. d minimis nan kyrt leks.
The law is not concerned with trifles. A maxim meaning that an action at
law based on an insignificant harm or injury will not be recognized by the
competent tribunal or other legal authority. The maxim has also sometimes
been used to convey the notion that the outcome of an important dispute
should not turn on a highly trivial or technical point of law. An alternative
formulation is De minimis lex non curat.
De minimis lex non curat. d mnms lks nn krat. d minimis leks nan kyrt.
The law is not concerned with trifles. An alternative formulation of De
minimis non curat lex.
De novo. d nw. d nv. adv. Newly. (1) For the first time. E.g., Guyana
distinguishes Surinames approach, which it argues is aimed at the appor-
tionment of maritime space de novo, from the delimitation of maritime areas
that already appertain to the coast of a State. Guyana v. Suriname, Perm. Ct.
Arb., Award of Sept. 17, 2007, 194, 47 I.L.M. 166 (2008). (2) Without
deference to preceding authority or opinion, as when an appellate tribunal
completely disregards a lower tribunals opinions and decisions and considers
the same case anew. An alternative term is Ab novo.
De plano. d plan. d pln. adv. On ground level. (1) Summarily and
automatically; as a matter of course. E.g., A rule of this kind adopted by
the Powers in 1885 for the African continent does not apply de plano to other
regions. Island of Palmas Case (U.S. v. Neth.), 2 R.I.A.A. 829 (1928).

Debet quis iuri subiacere ubi delinquit
Compare with Ipso facto. (2) Out of court; not before an authoritative
tribunal. Compare with Ex parte and Extra iudicium.
Of the present. (1) Relating to the

De praesenti. d prsnt. d prezent. adv.
present. (2) Currently. An alternative spelling is De presenti.
De presenti. An alternative spelling of De praesenti. D

De quo. d kw. d kw. adj. Med. Of which. Of which; relating to which. E.g.,
The Court cannot admit the objection that, the title to the bonds and shares
in question de quo having been acquired by the enemy as war booty, they
must be considered as definitely lost to the former owners. Mazzoni v.
Ministry of Finance, Ct. of Venice, Judgment of Jan. 8, 1927, in Annual
Digest of Public International Law Cases, 192728, at 564 (Arnold
D. McNair et al. eds., 1932).
De recenti. d rknt. d resent. adv. Recently. Beginning or occurring in

the very near past.
adv. Of the laws strictness.

De rigore iuris. d rgr yrs. d rigr jris.
According to the strict or literal requirements of law, without modification
by creative interpretation or reference to equity or public policy. An alterna-
tive formulation is In rigore iuris. Compare with Ex rigore iuris, Stricto iure,
and Strictissimi iuris.
De verbo in verbum. d wrb n wrbm. d vrb in vrbum. adv. From word

into word. Literally; exactly as previously spoken or written. Compare with
Ipsis verbis, Ipsissima verba, Totidem verbis, and Verbatim.
Conquest. Occupation and adminis-

Debellatio. dbllat. debul. n. Neo.
tration of a territory by a hostile power, usually following complete military
conquest and subjugation of the territorys armed forces and deposal of its
government for future replacement by a new government or system of
governance. The term debellatio was formerly used in cases where the
conquering power intended to annex or assume permanent sovereignty
over the territory, but this usage is no longer current. E.g., But it appears
to be a fair deduction from the principle, always admitted in theory, that
conquest (unless by debellatio) requires to be completed by consent, even
though the consent may be under duress. Th. Baty, The Trend of Interna-
tional Law, 33 Am. J. Intl L. 653, 658 (1939).
Debet quis iuri subiacere ubi delinquit. dbt kws yr sbyakr b dln
kwt. debet kwis jr subjsr ub dulinkwit. Anyone ought to submit to the
law where he violates the law. A maxim meaning that a state has jurisdiction

Debile fundamentum fallit opus
to punish one who violates its law within its territory regardless of the
violators nationality or domicile. See also Crimen trahit personam.
Debile fundamentum fallit opus. dbl fndamntm fallt ps. debil fundu-
mentum flit pus. Where the foundation is weak, the work collapses.
D A maxim meaning that a treaty, agreement, or other legal instrument that

is defective in a critical aspect of formation cannot give rise to legal rights or
obligations.
Decie(n)s. dk-(n)s. des(n)z. adv. Tenthly. An adverbial number (the
tenth) usually inserted into a consecutively numbered series by way of
amendment. See the Appendix for a list of Latin adverbial numbers com-
monly used in international law. See also Bis and Semel.
Decrementum maris. dkrmntm mars. dekrementum maris. n. Decreasing
of the sea. Reliction; the gradual recession of the sea, lake, or watercourse from
the land, which exposes new land over which sovereignty may be claimed.
Decretum. dkrtm. dekrtum. n. [pl. Decreta. dkrta. dekrtu.] Decree. A
directive or decree issued by a sovereign authority. In Roman law, decreta
indicated judgments and sentences of government officials, including fre-
quently the emperor himself when sitting as a magistrate.
Deditio. ddt. dedi. n. Surrender. The surrender of a belligerent state,
legally terminating that states participation in an armed conflict.
Definitio. dfnt. defini. n. [pl. Definitiones. dfntns. defininz.]
Definition. (1) A definition or full description. (2) A defined territorial
boundary.
Defunctus. dfnkts. dfunktus. n. Deceased. A deceased person or, meta-
phorically, thing or idea.
Delegatus. dlgats. delegtus. n. [pl. Delegati. dlgat. delegt.] Delegate.
A diplomatic delegate, agent, or envoy.
Delegatus non potest delegare. dlgats nn ptst dlgar. delegtus nan p
test delegar. A delegate cannot delegate. A maxim meaning that no
sovereign or government, as the representative of a people, has the power
to delegate the appointment of its diplomatic envoys to a foreign sovereign.
Deliberandum est diu quod statuendum est semel. dlbrandm st d kwd
statndm st sml. dulibrndum est d kwad sta-endum est semel. What
is once resolved is to be long deliberated upon. A maxim meaning that a
tribunal should exercise care, consideration, and discretion in issuing a
judgment of last resort.

Dictum
Delictum. dlktm. duliktum. n. Wrong. (1) An injurious or otherwise

wrongful act. (2) An offense under law.
Delictum iuris gentium. dlktm yrs gnt-m. duliktum jris jent-um. n.
Wrong against the law of nations. A breach of a duty under international
law, especially one rising to the level of a criminal offense. E.g., As a D
delictum juris gentium the crime of genocide implies the cumulation of two
elementsthe material (the commission of the acts indicated a limine in
Article II of the Convention) and the subjective (the intention (dolus specia-
lis) to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such). Application of the Convention on the Prevention and Punish-
ment of the Crime of Genocide (Bosn. & Herz. v. Yugo.), 1993 I.C.J. Rep. 325,
460 ( Judge ad hoc Krea, dissenting). Compare with Crimina iuris gentium.
Declaration of war.
Denuntiatio belli. dnnt-at bll. dnunt- bel. n.
A declaration of war, which was formerly considered a necessary formality
prior to a states armed attack on another state. With the advent of the United
Nations Charter and its limits on the uses of armed force in international
relations, the denuntiatio belli as such has become largely obsolete.
Derelictio. drlkt. derelikt.n. Dereliction. The abandonment of occu-
pation of a territory with the clear intent to renounce sovereignty over it. E.g.,
There is no reason to suppose that France has subsequently lost her right by
derelictio, since she never had the animus of abandoning the island, and the
fact that she has not exercised her authority there in a positive manner does not
imply the forfeiture of an acquisition already definitively perfected. Sovereignty
over Clipperton Island Case (Fr. v. Mex.), Award of Jan. 28, 1931, 26 Am. J. Intl
L. 390, 394 (1932). See also Animus derelinquendi.
Designatio unius (est) exclusio alterius. dsgnat ns (st) kskls altr-
s. dezign n-us (est) eksklz altr-us. The designation of one (is) the
exclusion of the other. An alternative formulation of Expressio unius (est)
exclusio alterius.
To give right hands. (1) To

Dextras dare. dkstras dar. dekstrus dar. v. inf.
shake hands to show agreement, peaceful intentions, or friendship. (2) To
surrender or submit to another.
Diatim. d-atm. dutim. adv. Daily. On a daily basis.
Dicis causa. dks ksa. dsus kzu.adv. For forms sake. For the sake of
appearances; as a matter of legal form. This was a favorite phrase of Cicero.
Dictum. dktm. diktum. n. [pl. Dicta. dkta. diktu.] Saying. (1) A maxim.
(2) A statement of opinion considered persuasive due to the authority of the

Dies
commentator. E.g., The Permanent Court of International Justice [in the

S.S. Lotus case]started by saying that, as a matter of principle, jurisdiction
is territorial and that a State cannot exercise jurisdiction outside its territory
without a permission derived from international custom or from a conven-
tion. It however immediately added a qualification of this principle in a
D famous dictum that students of international law know very well: It does not,
however, follow that international law prohibits a State from exercising
jurisdiction in its own territory, in respect of any case which relates to acts
which have taken place abroad, and in which it cannot rely on some
permissive rule of international law. Arrest Warrant of 11 April 2000
(Congo v. Belg.), 2002 I.C.J. Rep. 3, 167, 48 ( Judge Van den Wyngaert,
dissenting). (3) A common abbreviation for Obiter dictum.
Dies. ds. dus. n. [pl. Dies. ds. dus.] Day. A day.
Dies a quo. ds a kw. dus a kw. n. The day from which. The beginning
moment of a stated period, especially when the specific commencement date
of the period has legal consequences. E.g., [I]n international law parlance,
there must be continuous national identity from the date of the events giving
rise to the claim, which date is known as the dies a quo, through the date of
the resolution of the claim, which is the date known as the dies ad quem.
Loewen Group v. United States, ICSID Case No. ARB(AF)/98/3 (NAFTA
ch. 11 Arb. Trib.), Award of June 26, 2003, 42 I.L.M. 811 (2003). Compare
with Terminus a quo. Contrast with Dies ad quem.
Dies ad quem. ds ad kwm. dus d kwem. n. pl. The day until which. The
final term or moment of a stated period, especially when the specific ending
date of the period has legal consequences. Compare with Terminus ad quem.
Contrast with, and see the example of usage in, Dies a quo.
Dies datus (partibus). ds dats (partbs). dus dtus (partibus). n. A day

given (to the parties). A judicial continuance; a period of adjournment or
respite given by a tribunal before a date of legal significance, such as a hearing
date or deadline for written submissions.
Differentia specifica. dffrnt-a spkfka. difrenu spesifiku. n. pl. Specific

difference. A basis for discriminating between two or more alternatives. E.g.,
The qualification as such serves also as differentia specifica between discrimi-
natory intent as suggestive of an element of the crime of persecution, which also
may have, as its target for genocidal intent, a racial, excluding ethnic, group.
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosn. & Herz. v. Yugo.), I.C.J. No. 91, Judgment of Feb. 26, 2007, at
48, 99 (separate opinion of Judge ad hoc Krea).

Divisum imperium
Dilationes in lege sunt odiosae. dlatns n lg snt ds. dlnez in lej

sunt dz. Delays in law are hateful. An alternative phrase for Lex dila-
tiones abhorret.
Diligence. (1) Observance or fulfillment of

Diligentia. dlgnt-a. dilijenu. n.
ones legal responsibilities. (2) Diligence; vigilance; due care. Contrast with D
Culpa.
Diligentia quam in suis (rebus). dlgnt-a kwam n ss (rbs). dilijenu kwam

in sis (rbus). Care in his own (matters). In Roman law, a guardians duty
of care with respect to matters concerning the interests of his ward, which
standard was the same as the guardians duty of care in matters concerning
himself. It has been applied by analogy in international law in service of the
argument that states are obligated to provide ordinary rather than extraordinary
protection (a kind of national treatment) to foreign nationals found in their
territory. E.g., The vigilance which, from the point of view of international law
a State is obliged to exercise, may be characterised as a diligentia quam in suis
applying Roman law by analogy. Bin Cheng, General Principles of
Law as Applied by International Courts and Tribunals 221 (1953).
Disiuncta. dsynkta. disjunktu. n. pl. Disjoined things. (1) Terms or concepts
opposed to one another. (2) Separated things.
Disiunctim. dsynktm. disjunktim. adv. Separately. Separately; indepen-
dently; severally, as when liability attaches to multiple parties severally. An
alternative term is Divisim.
n. Argument of the forum.
Disputatio fori. dsptat fr. dispyt fr.
The practice of arguing a case before an authoritative tribunal.
n. Disagreement. (1) The voluntary mutual
Dissensus. dssnss. disensus.
annulment of a contract clause or an entire contract. (2) Generally, a failure
to agree; an absence of agreement.
Divisim. dwsm. divzim. adv. Separately. An alternative term for Disiunctim.
Divisum imperium. dwsm mpr-m. divzum imper-um. n. Divided em-

pire. Divided jurisdiction, as when two or more authorities exercise concur-
rent jurisdiction over the same matter. In addition, under English law, the
littoral coast between the high-tide mark and low-tide mark was formerly
considered divisum imperium because it was high seas and subject to admi-
ralty law during high tide and land territory subject to common law during
low tide. E.g., The main or high seas are part of the realm of England, for
thereon our courts of admiralty have jurisdiction, as will be shewn hereafter;
but they are not subject to the common law. This main-sea begins at the

Divortium aquarum
low-water-mark. But between the high-water-mark, and the low-water-

mark, where the sea ebbs and flows, the common law and the admiralty
have divisum imperium, an alternate jurisdiction; one upon the water, when it
is full sea; the other upon the land when it is an ebb. 1 William Blackstone,
Commentaries on the Laws of England 10910 (1860) (1765).
D
Divortium aquarum. dwrt-m akwarm. divrum ukwarum. n. Division
of waters. An imaginary line separating two submarine slopes or bordering
fluvial river basins. The divortium aquarum is sometimes used in boundary
delimitation as a convenient line to divide regions with complex or high-
density fluvial channels and relatively few prominent geomorphological
features. E.g., Chiles extreme claim at that time had been the continental
divortium aquarum, which meant that the Atlantic basins would remain
under Argentine jurisdiction and the Pacific basins under Chilean jurisdic-
tion. Boundary Dispute Concerning the Frontier Line Between Boundary Post
62 and Mount Fitzroy (Arg. v. Chile), 22 R.I.A.A. 3, 26, 78 (1994).
Do ut des. d t ds. d ut des. I give so that you may give. (1) In Roman law,
an innominate contract in which one partys performance satisfies the
condition for the other partys performance. (2) An adage conveying the
sense of reciprocity inherent in early conceptions of international law.
Dolo facit qui petit quod statim redditurus est. dl fakt kw ptt statm
rddtrs st. dl fsit kw petit kwad sttim reditrus est. He who requests
that which he will have to return acts by deceit. A maxim, originating in
Justinians Digest (44.4.2), meaning that one who owes something to another
who possesses that very thing would only demand the thing from an intent
to defraud the rightful possessor. E.g., The Trial Chamber held that even if
a violation of State sovereignty had occurred [by the unlawful capture and
rendition of the accused to the ICTY], the FRY would have been obliged,
under Article 29 of the Statute, to immediately re-surrender the Accused
after his return to the FRY. The Trial Chamber recalled the maxim dolo facit
qui petit quod statim redditurus est. Prosecutor v. Nikolic, ICTY Case No.
IT-94-2-S, Judgment of Dec. 18, 2003, 26.
Deceit. (1) Harm or injury, especially willfully caused.

Dolus. dls. dlus. n.
Compare with Maleficium. (2) Deceit, fraud, or bad faith; an alternative term
for Dolus malus.
Dolus bonus. dls bns. dlus bnus. n. Good deceit. (1) Shrewdness; any
skillful contrivance not causing illegal consequences. (2) Morally or legally
justifiable deceit, such as might be used to prevent an unlawful harm from
occurring. Contrast with Dolus malus.

Domicilium necessarium
Dolus directus. dls drkts. dlus direktus. n. Direct deceit. The intention
to perpetrate unlawful conduct or engage in a wrongful act. Contrast with
Dolus indirectus.
n. Indirect deceit. The

Dolus indirectus. dls ndrkts. dlus indirektus.
intention to act in a manner that will foreseeably cause a wrongful harm to D
another without the specific intention to cause that harm. Contrast with
Dolus directus and Damnum emergens.
Dolus malus. dls mals. dlus mlus. n. Evil deceit. (1) Evil intent; bad
faith. In Roman law, the term could be used to designate any evil scheme
or course of action to injure another illegally and was synonymous with
Dolus. Compare with Animus malus, Mens rea, and Scienter. See also Culpa.
(2) Morally or legally unjustifiable deceit; fraud. Contrast with Dolus bonus.
Special deceit. (1) A harm
Dolus specialis. dls spk-als. dlus spelus. n.
resulting from an act specifically intended to cause that harm. (2) The specific
intent to cause a specific kind of harm. E.g., Genocide is distinct from other
crimes inasmuch as it embodies a special intent or dolus specialis. Special intent
of a crime is the specific intention, required as a constitutive element of the
crime, which requires that the perpetrator clearly seek to produce the act
charged. Prosecutor v. Akayesu, I.C.T.R. Case No. 96-4-T, Judgment of
Sept. 2, 1998, 42, 37 I.L.M. 1399 (1998); [T]here is no doubt that the conduct
of an organ or a person furnishing aid or assistance to a perpetrator of the crime
of genocide cannot be treated as complicity in genocide unless at the least that
organ or person acted knowingly, that is to say, in particular, was aware of the
specific intent (dolus specialis) of the principal perpetrator. Application of the
Convention on the Prevention and Punishment of the Crime of Genocide (Bosn. &
Herz. v. Serb. & Mont.), I.C.J. Case No. 91, Judgment of Feb. 26, 2007, at
421. See also Actus non facit reum, nisi mens sit rea and Mens rea.
Domicilium. dmkl-m. dmisil-um. n. Domicile. Domicile; ones fixed,
true and foreseeably permanent home, as opposed to temporary residence.
A persons domicilium is commonly used in private international law to
establish jurisdiction over that person.
Domilicium ex proprio motu. dmkl-m ks prpr mt. dmisil-um eks
prapr mt. n. Domicile from ones own motion. In private international
law, domicile established by the intent to remain in a place indefinitely. See also
Domicilium.
Domicilium necessarium. dmkl-m nkssar-m. dmisil-um nesesar-um.

n. Necessary domicile. Domicile established by legal presumption, as when
a childs domicile is determined automatically by the domicile of its parents.

Domicilium originis (vel nativitatis)
Domicilium originis (vel nativitatis). dmkl-m rgns (wl natwtats).

dmisil-um rijinis (vel ntivittus). n. Domicile of origin (or nativity).
Domicile established by birth within the jurisdiction.
Domini terrae. dmn trr. damin ter. n. pl. Lords of the lands. Land-
D lords; land owners. E.g., [T]he doctrine of international servitudeorigi-
nated in the peculiar and now obsolete conditions prevailing in the Holy
Roman Empire of which domini terrae were not fully sovereigns; they
holding territory under the Roman Empire, subject at least theoretically,
and in some respects also practically, to the courts of that Empire; their right
being, moreover, rather of a civil than a public nature, partaking more of the
character of dominium than of imperium, and therefore certainly not a
complete sovereignty [sic]. The North Atlantic Coast Fisheries Arbitration
(U.K. v. U.S.), 11 R.I.A.A. 167 (1910).
Dominium. dmn-m. dmin-um. n. Title. Absolute public ownership of

property or territory with the right to control all use thereof. Dominium is
one of the two core characteristics of sovereignty. See also Imperium and
Maiestas.
Dominium eminens. dmn-m mnns. dmin-um eminez. n. Eminent

domain. The states right to exercise sovereignty and direct control over
its territory, or any part thereof. Compare with Ius praeminens.
Dominus litis. dmns lts. daminus litis. n.Lord of the lawsuit. (1) In civil
law, the person in a lawsuit who makes the substantive decisions, which are
executed by counsel. Usually, this person is the litigant, although a guardian,
receiver, or other fiduciary may also act as dominus litis. (2) In maritime law,
an agent acting in a lawsuit on behalf of a party unable to attend the
proceedings.
Dominus navis. dmns naws. daminus nvis. n. Lord of the ship. The
ultimate owner of a seagoing vessel.
Dormiunt leges aliquando, nunquam moriuntur. drm-nt lgs alkwand,

nnkwam mr-ntr. drm-unt lejz likwand, nunkwum mr-untr. The
laws sometimes sleep, but they never die. A maxim meaning that, although
the operation of some laws may be suspended under special circumstances
(such as certain human rights laws during time of war), the laws resume in
full force upon the termination of these circumstances.
Dramatis personae. dramats prsn. dramtis prsn. n. pl. Dramatic char-

acters. Persons or characters directly involved in the relevant matter, usually
as the key actors.

Durante bello
Dubii iuris. db- yrs. db jris. adj. Of uncertain law. Relating to a point
of law not clearly settled by precedent. Compare with Non liquet.
Dubio mitius. db mt-s. db mius. An abbreviated form of In dubio
mitius.
Dubitante. dbtant. dbitnt. adj. or adv. While doubting. Skeptical(ly) or D

uncertain on a point of law.
Duodecie(n)s. ddk-(n)s. ddes(n)z. adv. Twelfthly. An adverbial
number (the twelfth) usually inserted into a consecutively numbered series
by way of amendment. See the Appendix for a list of Latin adverbial numbers
commonly used in international law. See also Bis and Semel.
Dum fervet opus. dm frwt ps. dum frvet pus. While the work glows.
In the heat of the moment; while the iron is hot.
The law is hard, but law.
Dura lex sed lex. dra lks sd lks. dru leks sed leks.
A maxim of Roman civil law meaning that, however regrettable the outcome
of the legal decision may be, the law must be proclaimed and enforced. The
maxim has been used both sincerely and disingenuously. E.g., I also under-
stand perfectly that, once the goods are released, that is to say, once they are
beyond the physical control of the customs agents, amendment [of a customs
declaration] carries too great a risk of fraud to be allowed at that stage, and
that a flexible approach, allowing amendments, subject to strict conditions,
to matters unrelated to the physical characteristics of the goods could
perhaps have been envisaged. However, no provision was made for such an
approach. Must we then apply to [the petitioner/importer] the maxim dura
lex sed lex, as the United Kingdom and the Commission do? Opinion of
Advocate General Mischo, Overland Footwear Ltd. v. Commissioners of
Customs & Excise, E.C.J. Case C-379/00, 5455, [2002] E.C.R. I-11133.
Durante. drant. drnt.prep. During. (1) Throughout a period of time.
(2) At some point in a time span. Grammatically, durante is an ablative
absolute participle and must precede a noun.
Durante bello. drant bll. drnt bel. adv. While the war lasts.
(1) During an armed conflict. (2) Limited to the context of an armed conflict.

E
................................
E contra. kntra. kantru. adv. From the contrary. On the contrary.

Compare with E converso.
E converso. knwrs. kanvrs. adv. From the converse. (1) On the
contrary. (2) On the other hand. Compare with E contra.
E.g. An abbreviation of Exempli gratia.
Ea intentione. -a ntntn. -u intenn. adv. With that intention. Having
that intention; with that goal in mind. Compare with Eo intuitu.
Eadem est ratio, eadem est lex. adm st rat, adm st lks. dem est r,
dem est leks. The reason is the same, the law is the same. A maxim meaning
that the law should be applied in the same way in cases with different facts
where the rationale for the law applies equally under the diverse facts.
Efforcialiter. ffrk-altr. efrs-litr or efrlitr. adv. Forcibly. By means
of force, especially armed force.
Eius est interpretare legem cuius condere. ys st ntrprtar lgm kys
kndr. jus est intrpretar lejum kjus kandr. Whoever is authorized to
establish the law is authorized to interpret it. A maxim meaning that the
most authoritative interpreter of a legal instrument or of a judicial or arbitral
decision is the body that drafted the law or issued the judgment or award.
E.g., Without success it has been maintainedthat the letter of November
13th, 1922, from the Conference of Ambassadorsis the most authoritative
and most reliable interpretation of the intention expressed at that time, and
that such an interpretation, being drawn from the most reliable source, must
be respected by all, in accordance with the traditional principle: ejus est
interpretare legem cujus condere. Advisory Opinion on the Delimitation of the
Polish-Czechoslovakian Frontier (Question of Jaworzina), 1923 PCIJ (Ser. B)
No. 8, at 37 (Dec. 6).
86
Ens legis
Eiusdem generis. ysdm gnrs. jusdem jenris. adv. Of the same kind. A
principle according to which, where general words follow specific words (or
vice versa) in an enumeration, the general words are construed to embrace
only objects of similar nature to those enumerated by the specific words.
Compare with Noscitur a sociis is eiusdem generis.
E
Electa una via (non datur recursus ad alteram). lkta na wa (nn datr
rkrss ad altram). elektu nu vu- or -vu (nan dtr rekrsus d altrum).
One route having been chosen (no recourse to another is given). A maxim
meaning that a party wishing to bring a claim against another must choose a
single forum even if multiple fora (e.g., both a court and an arbitral tribunal)
are available to it.
n. Choice of forum. A choice of the

Electio fori. lkt fr. elekt fr.
forum to decide disputes arising from or relating to a legal relationship or the
interpretation of a legal instrument. E.g., According to the jurisdiction of
the Federal Tribunal in accordance with the international doctrine [of] juris-
diction, the conclusion from the electio fori to the electio juris is only admissible if
the choice of the forum is accompanied by other clues. 3 Repertory of
International Arbitral Jurisprudence 1499 (Vincent Coussirat-Cous-
tre and Pierre Michel Eisemann eds., 1991). See also Electio iuris.
n. Choice of law. A choice of the

Electio iuris. lkt yrs. elekt jris.
law of a specific jurisdiction to govern a legal relationship or the interpreta-
tion or enforcement of a legal instrument. See also, and see example of usage
under, Electio fori.
Emptor. mptr. emptr. n. [pl. Emptores. mptrs. emptrz.]. Buyer. Pur-

chaser.
Ens et bonum est commune. ns t bnm st kmmn. enz et bnum est kamy
n. Being and goodness is in common. A maxim meaning that the state
of things as they currently exist (the status quo) is identical to how things
should be normatively. E.g., But there is in this passage also a troubling
equivocation of what actually happens (the Courts institutional behaviour)
with what ought to happen (general law): ens et bonum est commune. Jrg
Kammerhofer and Andr de Hoogh, All Things to All People? The Interna-
tional Court of Justice and Its Commentators, 18 Eur. J. Intl L. 971, 978
(2007).
n. A being of the law. An entity created and

Ens legis. ns lgs. enz lejis.
existing by operation of law with independent legal personality, such as a
corporation.

Enumeratio unius (est) exclusio alterius
Enumeratio unius (est) exclusio alterius. nmrat ns (st) kskls altr-

s. nmr nyus (est) eksklz altr-us. The enumeration of one (is)
the exclusion of the other. An alternative phrase for Expressio unius (est)
exclusio alterius.
E Eo instante (tempore). nstant (tmpr). instnt (tempr). adv. At

the instant (of time). At that same instant; at the very moment.
Eo instanti (tempore). A misspelling of Eo instante (tempore).
Eo intuitu. ntt. intit. adv. In that respect. (1) With that perspec-
tive; in that belief. (2) With that intention; with that goal in mind. Compare
with Ea intentione.
adv. By that very same. By the same act or fact.

Eo ipso. ps. ips.
Compare with De plano and Ipso facto.
Eo loci. lk. ls. adv. In that condition. In that condition; in that

state.
Eo loco. lk. lk. adv. In that place. In that place.
Eo nomine. nmn. namin. By name. By the specific name used; by

the literal name. In customs law, an eo nomine entry on a tariff schedule
means that the imported item is specifically listed by name on the schedule.
E.g., [A]n eo nomine designation [on the tariff schedule], with no terms
of limitation, will ordinarily include all forms of the named article. Sta-
ted otherwise, all forms, grades and qualities of the named article are
embraced by such a designation. Hayes-Sammons Chem. Co. v. United
States, 55 C.C.P.A. 69 (1968) (U.S.). See also Nominatim.
Equitas. An alternative spelling of Aequitas. For all entries using the term
equitas, substitute aequitas instead.
Erga omnes. rga mns. rgu amnz. Toward all. With respect to all states
or persons in a relevant group. The phrase is usually applied to obligations
owed by a state to all other states or the international community at large,
such as the duty not to engage in genocide or piracy, or to claim sovereignty
over the high seas. All states are considered to have a legal interest in
deterring violations of erga omnes obligations. Note that, while ius cogens
norms are often considered to arise from obligations erga omnes, the category
of erga omnes obligations is broader than the scope of ius cogens. E.g.,
[O]bligations of a State towards the international community as a
whole[b]y their very natureare the concern of all States. In view of the
importance of the rights involved, all States can be held to have a legal

Error iuris nocet
interest in their protection; they are obligations erga omnes. Barcelona

Traction, Light, and Power Company (Belg. v. Spain), 1970 I.C.J. Rep. 3,
33. See also Ius cogens.
Ergo. rg. rg. adv. Therefore. Therefore; hence. Sometimes (though not
always) used ironically to indicate a logically false conclusion. E.g., [I]t
E
is quite clear that the only question at issue was whether in Article 12, in
connection with Article 6, a concession for exclusive navigation was given or
notergo, a question of doubt and controversy about the interpretation.
The Orinoco Steamship Company Case (U.S. v. Venez.), U.S.Venez. Cl.
Commn, Award of Feb. 22, 1904, H.C.R. (Series 1), at 26566 (Scott,
1916). Compare with Ideo and Per consequens.
Errare humanum est, (sed) perseverare diabolicum. rrar hmanm st, (sed)
prswrar diablkm. erar hymenum est, (sed) prsevrar dubalikum. To
err is human, (but) to persist is diabolical. A maxim meaning that to make
mistakes is a common (and by implication forgivable) human attribute, but to
persist in making the same mistake is a personal or moral flaw (and by implica-
tion less forgivable). The phrase may derive from Cicero (Phil. 12.5): It is typical
of any man to err, but the mark of no one but a fool to persist in error. E.g.,
I did not subscribe to that reasoning, and whilst I did vote with the majority in
favor of finding that there had not been a violation that was because, in my view,
the Articles of the [European Convention on Human Rights] relied on were not
applicable(but the Chamber did not agree with my reasoning on that point,
and I will not go into it again hereperseverare diabolicum). E.B. v. France,
[2008] E.C.H.R. 43546/02 ( Judge Trmen, dissenting).
Erratum. rratm. ertum. n. [pl. Errata. rrata. ertu.] Error. An error,
usually typographical. See also Corrigendum.
n. Error of calculation. An error in
Error calculi. rrr kalkl. err klkyl.
calculation, such as a mistake in computing damages or interest on an award.
Error in procedendo. rrr n prkdnd. err in prsudend.n. Error in
proceeding. An error in judicial or other formal procedure. Contrast with
Error iuris.
n. Error in a void. Harmless

Error in vacuo. rrr n wak. err in vky.
error; error of insufficient consequence to affect a legal outcome.
n. Error of law. An error in ascertaining,
Error iuris. rrr yrs. err jris.
interpreting, or applying the law. Contrast with Error in procendo.
Error iuris nocet. rrr yrs nkt. err jris nset. An error of law harms. A
maxim meaning that an error in ascertaining, interpreting, or applying the

Error lapsus
law is harmful to the affected parties and to the consistency and coherence of
the law itself. See also Error iuris.
Error lapsus. rrr lapss. err lpsus. n. Error by inattention. An error
caused by negligence or inattention.
E Erronice. rrnk. ernis. adv. Erroneously. Mistakenly; erroneously.
Et. t. et. conj. And. And.

Et al. (1) An abbreviation of Et alii / Et aliae / Et alia. (2) An abbreviation of
Et alibi.
Et alia. See Et alii / Et aliae / Et alia.
Et aliae. See Et alii / Et aliae / Et alia.

And elsewhere. And elsewhere; in other
Et alibi. t alb. et lib. conj. + adv.
places as well. Sometimes abbreviated Et al.
Et alii / Et aliae / Et alia. t al- / t al- / t al-a. et l / et l- / et l-u. And
others. Others of the kind listed are not mentioned. Commonly abbreviated
Et al. The distinction between these three forms is that Et alii refers to
masculine nouns, Et aliae to feminine nouns, and Et alia to neuter nouns.
Et cetera. t ktra. et setru. And the rest. (1) And so forth. (2) And others of
a similar kind. Commonly abbreviated Etc.
Et hoc genus omne. t hk gns mn. et hak jnus amn. And all that kind of
thing. A bombastic synonym of Et cetera.
Et seq. An abbreviation of Et sequentes/sequentia.

Et sequentes/sequentia. t skwnts/skwnt-a. et sekwentz/sekwenu. conj. +
n. pl. And the following. Including whatever follows hereafter or thereaf-
ter. Et sequentes is the masculine form and et sequentia is the neuter form, but
the difference is inconsequential in English. Et sequentes is a citation signal
indicating that the reference material is to be found in the cited page and all
materials following it up to their natural conclusion. E.g., It has been
established, in any event, that from 1954 onwards officials from Dahomey
exercised territorial authority over Lt Island, collecting taxes and interven-
ing to restore order, as the Chamber itself notes ( Judgment, paras. 90 et
seq.). Frontier Dispute (Benin v. Niger), 2005 I.C.J. Rep. 90, 161-62, 43
( Judge ad hoc Bennouna, dissenting). Commonly abbreviated Et seq.
Et sic ulterius. t sk ltrs. et sik lter-us. conj. + adv. And so forth. And so
forth; and so on.

Ex arbitrio (boni) iudicis
Etc. An abbreviation of Et cetera.

Evidentia. wdnt-a. evidenu. n. pl. Plainly visible things. Evidence.
Ex. ks. eks. prep. Out of. (1) Originating from. (2) Out of. (3) Because of.
(4) From.
E
Ex abundante cautela. ks abndant ktla. eks bundnt ktelu. An alternative
spelling of Ex abundanti cautela.
Ex abundanti. ks abndant. eks bundant. adv. From abundance. (1) Abun-
dantly; profusely. (2) Superfluously; cloyingly.
adv. Out of
Ex abundanti cautela. ks abndant ktla. eks bundnt ktelu.
an abundance of caution. Done solely or primarily to forestall some per-
ceived risk. An alternative spelling is Ex abundante cautela. Compare with
Ob maiorem cautelam. See also Abundans cautela non nocet.
Ex adverso. ks adwrs. eks dvrs. adv. From the opposition. (1) Deriving
from one in an adversarial position; deriving from ones opponent (as in a
litigation). (2) On the contrary. (3) In contrast.
Ex aequitate. ks kwtat. eks ekwitt. adv. From equity. Arising or deriving
from equity; based on equitable principles. An alternative spelling is Ex
equitate.
Ex aequo et bono. ks kw t bn. eks ekw et bn. adv. From equity and
goodness. A manner of deciding a case pending before a tribunal with
reference to the principles of fairness and justice in preference to any
principle of positive law. A decision ex aequo et bono may be sought especially
when the law governing a dispute is unclear (non liquet) or might fail to
resolve the dispute adequately for other reasons. E.g., This provision [relat-
ing to the sources of applicable law to be applied by the Court] shall not
prejudice the power of the Court to decide a case ex aequo et bono, if the
parties agree thereto. Statute of the International Court of Justice, art. 38(2).
See also UN Convention on the Law of the Sea art. 293(2), Dec. 10, 1982, 21
I.L.M. 1245 (1982). Alternative formulations are Secundum aequum et bonum
and Secundum bonum et aequum. Compare with Ex arbitrio (boni) iudicis.
Ex ante. ks ant. eks nt.adv. or adv. From before. (1) Based on prior
surmise, assumption, foresight, or prediction; done without knowledge of
subsequent events. (2) Prospective; prospectively. Contrast with Ex post. See
also Ab ante.
Ex arbitrio (boni) iudicis. ks arbtr (bn) ydks. eks arbitr (bn) jdisis.
adv. From the (good) opinion of the judge. Made or done in a manner not

Ex bonis
strictly conforming to the law, but rather according to the judgment and
discretion of the judge or tribunal. See also Arbitrio boni iudicis. Compare
with Ex aequo et bono.
Ex bonis. ks bns. eks bnis. adv. From goods. Relating to personal prop-
E erty.
Ex capite. ks kapt. eks kpit. adv. From the point. On the basis of;
because or by reason of.
Ex cathedra. ks cat-hdra. eks cuydru. adj. or adv. From the cathedral.
Communicating in an official capacity; made with or by virtue of ones office
or other authority; summarily and authoritatively. This term originates from
the Catholic Churchs claim that the Pope is infallible when speaking ex
cathedra, and is accordingly sometimes used ironically. E.g., On this last
point, however, the Judgment, ex cathedra and without giving much sub-
stantive reasoning, declares as follows. Certain Property (Liecht. v. Ger.),
2005 I.C.J. Rep. 6, 61, 39 ( Judge Owada, dissenting).
Ex causa mandati. ks ksa mandat. eks kzu mndt. adv. Because of the
mandate. By reason of a mandate.
Ex causa potestatis. ks ksa ptstats. eks kzu ptesttis. adv. Because of the
power. By reason of ones office or authority.
From the color. (1) Under the pretense
Ex colore. ks klr. eks kulr. adv.
of. (2) Under the apparent authority of.
Ex comitate. eks kmtat. eks kamitt. adv. From courtesy. Under principles
of comity.
Ex concessis. ks kksss. eks kansesis.adv. From concessions. From or
according to what has been conceded, admitted, or permitted.
Ex consulto. ks knslt. eks kanslt. adv. From consultation. Arising from
group consultation or deliberation.
Out of contract. Arising from
Ex contractu. ks kntrakt. eks kantrkt. adv.
an agreement or contractual right. E.g., While the United States have not
expressly denied that such liens, rights and interests ex contractu [for the
protection of the purchaser of a ship being built] must be considered as
property in their law of eminent domain, they have contended that this
property was an entity distinct from the material and other tangible things
subjected to the property. Norwegian Claims Case (Nor. v. U.S.), Perm. Ct.
Arb., Award of Oct. 13, 1922, H.C.R. (2d series), at 68 (Scott 1932). Contrast
with Ex delicto.

Ex facto ius oritur
adv. From the duty

Ex debito iustitiae. ks dbt ystt-. eks debit justi.
of justice. (1) Required by principles of justice or right. (2) Mandatorily or
without discretion. Compensation to which the claimant is entitled as a
matter of justice is a remedy ex debito iustitiae.
Ex delicto. ks dlkt. eks dulikt. adv. Out of injury. Arising from or caused E
by a wrongful act or crime. Contrast with Ex contractu.
Ex directo. ks drkt. eks durekt. adv. Directly. (1) Directly (2) Immedi-
ately. (3) Next in order.
Ex diverso. ks dwrs. eks divrs. adv. Differently. (1) Conversely. (2) On

the other hand; in contrast.
Ex dolo malo non oritur actio. ks dl mal nn rtr akt. eks dl ml nan
ritr kt. An action at law does not arise from evil deceit. An alternative
phrase for Nullus commodum capere (potest) de sua iniuria propria.
From
Ex eo ob quod mittitur. ks b kwd mtttr. eks ab kwad mititr.
that with which he is being sent. Due to the character ascribed to the
person. The refusal to receive a diplomat ex eo ob quod mittitur occurs
because some aspect of the diplomat makes him or her unacceptable to the
receiving state. E.g., A diplomatic agent may also be declined because of
the character with which it is proposed to invest him, or, as it is tersely
expressed in Latin, ex eo ob quod mittitur. If the Pope had announced his
intention of sending a legate or nuncio to certain Protestant countries it is
probable that such a representative would not have been received. Ernest
Satow, A Guide to Diplomatic Practice 134, 225 (Neville Bland ed.,
4th ed., 1957).
Ex equitate. An alternative spelling of Ex aequitate.
Ex eventu. ks wnt. eks vent or -ven. adv. From the event. Following
the occurrence.
adv. From the face. Superficially; evidently.

Ex facie. ks fak-. eks fu.
A documentary defect that is noticeable ex facie is apparent from a superficial
inspection of the document. See also Prima facie.
Ex facto. ks fakt. eks fkt. adv. From the fact. Arising from or attributable
to the fact or event.
The law arises from

Ex facto ius oritur. ks fakt ys rtr. eks fkt jus ritr.
fact. A maxim meaning that, until the facts of a case are known, the
applicable law cannot be ascertained. Compare with Ex factis oritur ius.

Ex factis oritur ius
Law arises from

Ex factis oritur ius. ks fakts rtr ys. eks fktis ritr jus.
actions. A maxim meaning that law arises from a long and consistent
practice. Compare with Ex facto oritur ius.
Ex fictione iuris. ks fktn yrs. eks fikn jris. adv. From a legal fiction.
E Arising from a legal fiction (a fact presumed by law even in the face of
contrary facts).
Ex gratia. ks grat-a. eks gru. adj. or adv. Fromkindness. Done for reasons
other than a sense of obligation; done voluntarily or altruistically. A com-
pensation paid by a state to an injured party ex gratia is made in spite of the
states denial of legal responsibility for the injury. E.g., The Mexican
Government desires that the claims shall bedecided [in accordance with
principles of equity] because Mexico wishes that her responsibility shall not
be fixed according to the generally accepted rules and principles of interna-
tional law, but ex gratia feels morally bound to make full indemnification.
Claims Convention of 10 Sept. 1923 (U.S.Mex.), art. 2, 4 R.I.A.A. 780. An
alternative formulation is A gratia.
Ex hypothesi. ks hpt-hs. eks hpoyez. adv. From the hypothesis. (1) By

hypothesis; hypothetically; by a priori assumption. E.g., Rights are ex hypothesi
protected by law, otherwise they would not be rights. Barcelona Traction, Light,
and Power Company (Belg. v. Spain), 1970 I.C.J. Rep. 3, 54. (2) For the sake of
argument. An alternative formulation is In hypothesi. See also Arguendo.
Ex incommodo. ks nkmmd. eks inkumd. adj. or adv. From inconve-

nience. Due to or based on inconvenience. An argument ex commodo may be
based on an appeal to apply a rule in a manner that avoids inconvenience to
the person making the argument. See also Argumentum ab inconvenienti.
Ex incontinenti. ks nkntnnt. eks inkantinent. adv. From intemperance.

(1) Immediately. (2) Summarily.
Ex industria. ks ndstr-a. eks industr-u. adv. From effort. An alternative

formulation of De industria.
Ex iniuria ius non oritur. ks nyr-a ys nn rtr. eks injr-u jus nan ritr.
A right does not arise from wrongdoing. A maxim meaning that one
cannot generally rely on a violation of law to establish a new legal right or
to confirm a claimed right. E.g., As Lauterpacht has indicated the maxim ex
injuria ius non oritur is not so severe as to deny that any source of right
whatever can accrue to third persons acting in good faith. Were it otherwise
the general interest in the security of transactions would be too greatly
invaded and the cause of minimizing needless hardship and friction would be

Ex mora
hindered rather than helped. Advisory Opinion on Legal Consequences For States
Of The Continued Presence Of South Africa In Namibia (South West Africa)
Notwithstanding Security Council Resolution 276 (1970), 1971 I.C.J. Rep. 16, 167
(separate opinion of Judge Dillard). An alternative formulation is Ius ex iniuria
non oritur. Compare with Nullus commodum capere (potest) de sua iniuria
propria. E
Ex integro. ks ntgr. eks integr. adv. From the whole. Again from the
beginning; repeated anew.
Ex iure. ks yr. eks jr. adv. From the right. Arising from a legal right.
Compare with Ex lege.
adv. From right of nature.
Ex iure naturae. ks yr natr. eks jr nr.
According to a right deriving from natural law.
From a just cause. Arising
Ex iusta causa. ks ysta ksa. eks justu kzu. adv.
from a lawful or just right, title, or cause of action.
Ex iustitia. ks ystt-a. eks justiu. adv. From justice. Justly; as a matter of
justice.
From the law. (1) By law or legal right.
Ex lege. ks lg. eks lej. adv.
(2) Deriving from a legal right or obligation. E.g., Each State Party shall
provide in its internal laws for its nationality to be acquired by children born
on its territory who do not acquire at birth another nationality. Such
nationality shall be granted at birth ex lege. European Convention on
Nationality art. 6.1, Nov. 6, 1997, 37 I.L.M. 44 (1998). Compare with Ex iure.
adv. From the laws. Interpreted in a
Ex legibus. ks lgbs. eks lejibus.
manner consistent with both the literal terms of the law and the intent or
spirit of the law.
adv. From greater
Ex maiore cautela. ks mayr ktla. eks mjr ktelu.
caution. An alternative formulation of Ob maiorem cautelam.
adj. or adv. By wrongful conduct.
Ex maleficio. ks malfk. eks mlufi.
(1) Wrongful; wrongfully. (2) Tortious; tortiously.
Ex mandato. ks mandat. eks mndt. adv. By mandate. According to or
deriving from an authoritative mandate.
Ex mero motu. ks mr mt. eks mr mt. adv. From the pure motion.
An alternative phrase for Sua sponte.
From delay. Arising from a delay. Interest
Ex mora. ks mra. eks mru. adv.
from an unpaid debt or other obligation may be levied ex mora on a

Ex more
respondent to compensate the claimant for the delay in compensation. The

term moratory interest derives from this Latin root. See also Mora and
Minus solvit qui tardius solvit.
Ex more. ks mr. eks mr. adv. From customs. Arising from or in accor-
E dance with customary practices.
Ex natura. ks natra. eks nru. adv. From nature. According to nature;
naturally.
Ex natura rei. ks natra r. eks nru r. adv. From the nature of the matter.
According to the nature of the matter, thing, or transaction.
Ex naturali iure. ks natral yr. eks nrl jr. adv. From natural right.
According to natural law or natural justice.
Ex necessitate. ks nksstat. eks nusesitt. adv. From necessity. (1) Neces-
sarily. (2) Due to unavoidable exigencies.
adv. From the
Ex necessitate legis. ks nksstat lgs. eks nusesitt lejis.
necessity of law. (1) Because of a legal requirement. (2) Because of the needs
of the law.
Ex necessitate rei. ks nksstat r. eks nusesitt r. adv. From the necessity
of the matter. Because of the necessity or urgency of the matter.
Ex nihilo. ks nhl. eks nhil. adv. Out of nothing. (1) Coming from no
known or credible source; lacking any basis in law or fact. E.g., In the
present case, in the absence of a power of revocation in the mandates system,
neither the General Assembly nor even the Security Council can cause such a
power to come to birth ex nihilo. Advisory Opinion on the Legal Consequences
for States of the Continued Presence of South Africa in Namibia (South West
Africa) Notwithstanding Security Council Resolution 276 (1970), 1971 I.C.J.
Rep. 16, 339, 33 ( Judge Gros, dissenting). (2) By surprise; without fore-
warning.
From nothing comes
Ex nihilo nil fit. ks nhl nl ft. eks nhil nil fit.
nothing. A maxim meaning that legal rights cannot arise from an invalid
or illegitimate source. This maxim is not to be confused with the Billy
Preston maxim nothing from nothing leaves nothing, which means that
you gotta have something if you wanna be with him.
Ex non scripto ius venit quod usus comprobavit. ks nn skrpt ys wnt kwd
ss kmprbawt. eks nan skript jus venit kwad yzus kamprbuvit. Law that
has been approved by custom comes from what is unwritten. A maxim,
originating in Justinians Institutes (1.2.3), meaning that custom originates in

Ex post
the longstanding practices of relevant parties leading to an expectation that

the parties are legally bound to continue the practices.
Ex nudo pacto actio non oritur. ks nd pakt akt nn rtr. eks nd pkt
kt nan ritr. A cause of action does not arise from a naked agreement.
A maxim meaning that an agreement lacking mutual consideration is unen-
E
forceable. The validity of this maxim in international law is called into
question by the International Court of Justices holding that a states unilateral
public pronouncement, made with intent to be bound, may be legally binding.
See Nuclear Tests (Austl. v. Fr.), 1974 I.C.J. Rep. 252, 43 (Judgment). Compare
with Nuda pactio obligationem non parit. See also Nudum pactum.
Ex nunc. ks nnk. eks nunk. adj. or adv. From now. (1) From this time. E.g.,
The Commission had mentioned that in Switzerland the courts recognise
a change of sex and allow a corresponding entry in the birth register with
effect ex nunc. Cossey v. United Kingdom, 13 E.H.R.R. 622, 647 n.46
(1991). (2) Prospective(ly). Contrast with Ex tunc.
Ex officio. ks ffk. eks ufi.adj. or adv. From office. (1) In an official
capacity. (2) By virtue of the authority of an official position, without the
need for additional authorization. E.g., [T]he Government noted that the
applicant had rejected the Commissions invitation to consider her claims. In
view of this, the Commission had proceeded to examine ex officio the appli-
cants claims. Xenides-Arestis v. Turkey, 44 E.H.R.R. SE13, 26 (2006).
Ex pari. eks par. eks par. adv. Equally. Equally; equivalently. Compare with
A pari.
Ex parte. ks part. eks part or -part.adj. In part. Without all relevant

parties are present; with only one party or side present before a tribunal. At a
hearing or trial conducted ex parte, only one side is present during the
proceedings. In an adversarial litigation, ex parte contact between an author-
itative tribunal and one side in a litigation is generally considered to com-
promise justice because of the inability of the other side to represent its
interests and to ensure that the contact does not involve any impropriety.
E.g., On February 7, 1992 an interim injunction was applied for by the
Attorney-General. It was obtained on an ex parte basis to restrain X from
leaving the jurisdiction or from arranging or carrying out a termination of the
pregnancy. D. v. Ireland, 43 E.H.R.R. SE16, 19 (2006). Compare with
Inaudita altera parte. Contrast with Inter partes.
Ex post. ks pst. eks pst.adj. or adv. From after. (1) Based on information
known after the relevant time; done with knowledge of subsequent events.
(2) Retrospective; retrospectively; with hindsight. Contrast with Ex ante.

Ex post facto
Ex post facto. ks pst fakt. eks pst fkt. adj. or adv. From after the fact.
(1) Occurring after the event under consideration. E.g., It is only when the
general lines of the Judgment to be given become clear that the States
affected can be identified, if they exist at all. It is a curious situation: the
finding as to whether there are third States parties to the multilateral treaties
E in question affected by the decision, and which they are, can be established
only ex post facto. Military and Paramilitary Activities in and Against Nicar-
agua (Nicar. v. U.S.), 1986 I.C.J. Rep. 14, 195 (separate opinion of Judge
Sette-Camara). (2) Having retroactive effect. In general, states do not incur
liability under international law for acts or omissions that breached no
obligation at the time they occurred. See International Law Commission,
Draft Articles on State Responsibility art. 13, UN GAOR 56th Sess., Supp.
No. 10, at 15568, UN Doc. A/56/10 (2001). An ex post facto law is one that
takes effect retroactively to prohibit or punish conduct that was not illegal at
the time it occurred. Ex post facto criminal laws are generally prohibited in
international human rights law, except when the act was criminal according
to the general principles of law recognized by the community of nations. See
International Covenant on Civil and Political Rights art. 15, Mar. 23, 1976,
999 U.N.T.S. 171; see also European Convention for the Protection of
Human Rights and Fundamental Freedoms art. 7, Sept. 3, 1953, 213 U.N.
T.S. 222. Compare with Nunc pro tunc and Post hoc. Contrast with
Ante factum and Ante hoc. See also Nulla poena sine lege and Nullum
crimen sine lege.
Ex praecedentibus et consequentibus optima fit interpretatio. ks prkdn

tbs t knskwntbs ptma ft ntrprtat. eks prsudentibus et kansekwen
tibus aptimu fit intrpret. The best interpretation is made from the
preceding and following. A maxim meaning that treaties and other legal
instruments should be interpreted according to the context in which the
words appear, especially the language immediately preceding and following the
relevant provisions. Sometimes misspelled Ex procedentibus . . . . Compare with
Ex tota materia emergat resolutio.
Ex procedentibus. A misspelling of Ex praecedentibus.
Ex proposito. ks prpst. eks prpazit. adv. From intention. Intentionally;

expressly. Compare with Ex industria.
Ex proprio (suo) motu. ks prpr (s) mt. eks prapr (s) mt.
adv.
From (its) own motion. An alternative phrase for Sua sponte. Alternative
formulations are Suo motu and Proprio (suo) motu. Compare with Ex pro-
prio vigore.

Ex tota materia emergat resolutio
adv. From its own

Ex proprio vigore. ks prpr wgr. eks prapr vigr.
force. (1) Begun or continued by its own impetus; self-impelled. (2) With-
out further authorization or authority necessity. Compare with Ex proprio
(suo) motu.
Ex rel. An abbreviation of Ex relatione. E

Ex relatione. ks rlatn. eks reln. adv. By relation. By the relation
with.
A claim made ex relatione is based on the relationship between the claimant
and the real party in interest. A state may bring a claim for compensation
against another state ex relatione on behalf of a national of that state.
Commonly abbreviated Ex rel. Compare with Parens patriae.
adv. From the strictness of

Ex rigore iuris. ks rgr yrs. eks rigr jris.
right. (1) According to the rigor of the law or right. (2) By a strict reading
and application of the letter of the law. Compare with De rigore iuris.
adv. Away from its place. Somewhere other than

Ex situ. ks st. eks sit.
where the property was originally located. E.g., Ex situ techniques [of
remedying ground oil contamination], especially sediment removal, are to
be utilized only as a minor component of the overall remedial approach and
generally limited to very specific areas where a discrete layer of asphalt
pavement or heavily oil-contaminated sediment is present at or near the
surface. UN Compensation Commn Governing Council, Report and Re-
commendations Made by the Panel of Commissioners Concerning the Third
Installment of F4 Claims, Dec. 18, 2003, Annex VI, 7, 43 I.L.M. 704,
742 (2004). Contrast with In situ.
Ex statuto. ks statt. eks stt. adv. From the statute. Deriving from or
according to the statute.
Ex sua natura. ks sa natra. eks su nru. adv. From its nature. By its own
nature.
Ex tempore. ks tmpr. eks tempr. adv. From the time. (1) Due to
considerations of or passage of time. (2) Unpremeditated and unprepared.
See also Ad libitum and Ratione temporis.
Ex tota materia emergat resolutio. ks tta matr-a mrgat rslt. eks ttu
mutr-u emrjut rezul. From the whole matter the solution arises. (1) A
maxim meaning that all relevant facts should be considered in arriving at a
judgment. (2) A maxim meaning that a law should be interpreted in the
context of related laws and of the laws purpose. Compare with Ex praece-
dentibus et consequentibus optima fit interpretatio.

Ex tunc
Ex tunc. ks tnk. eks tunk. adj. or adv. From then. (1) From or at a former
time. (2) Retroactively. E.g., [T]here is no doubt that genocide has been
recognized as a crime under international law in the full legal meaning of this
term, ex tunc; that is to say: The crimes of genocide committed against the
Jewish People and other peoples were crimes under international law.
E Attorney General v. Eichmann, Dist. Ct. Jerusalem, Crim. Case No. 40/61,
Judgment of Dec. 11, 1961, 19 (Isr.). Contrast with Ex nunc.
Ex turpi causa non oritur actio. ks trp ksa nn rtr akt. eks trp kzu
nan ritr kt. An action does not arise from a loathsome cause. A maxim
meaning that equity will not tolerate the use of the law to carry out
a fraud. Based on this principle, a tribunal may refuse to enforce the posi-
tive law to aid one seeking to perpetrate a fraud under the aegis of legal
technicalities. See also Pacta quae turpem causam continent non sunt
observanda.
Ex una parte. ks na part. eks nu part or -part. adv. From one part. On
or from one side. Contrast with Ex utraque parte.
adv. From
Ex utraque parte. ks trakw part. eks truk part or -part.
either side. On or from both sides. Contrast with Ex una parte.
Ex vi aut metu. ks w t mt. eks v t met. adv. By either force or fear.
Through force or threat of force.
adv. By the force of the limit.
Ex vi termini. ks w trmn. eks v trmin.
From the meaning in the literal terms of the document. E.g., [E]xecutive
powers ex vi termini do not include the rights of war & peace. 1 Records
of the Federal Convention of 1787, at 70 (Max Farrand ed., 1966)
(statement of James Madison).
Ex visceribus. ks wskrbs. eks visribus. adv. From the viscera. Relating to
the essential or key part of a thing or matter.
Exacta diligentia. ksakta dlgnt-a. egzktu dilijent-u or -dilijenu. n. With
precise diligence. With appropriate care or diligence.
Exceptio. ks-kpt. eksept.n. [pl. Exceptiones. ks-kptns. eksepnz.].
Exception. (1) A legal defense; an objection. (2) An exception; a rule or
fact derogating from a more general, contrary rule or fact. (3) A defense to
a claim on the basis that the claim, though admissible, names the
wrong defendant. (4) In Roman law and some civil jurisdictions, a defense
admitting the general allegations of the claim but denying its applicability in
the case based on a fact or provision of law that excludes the defendants
liability.

Exceptis excipiendis
Defense of fraud. A defense

Exceptio doli. ks-kpt dl. eksept dl. n.
to the assertion of a legal obligation based on the claim that the defendant
was the victim of another persons fraud.
Exceptio est strictissimae applicationis. ks-kpt st strktssm applkat

ns. eksept est striktisim pliknis. An exception is of the strictest appli- E
cation. A maxim meaning that an exception to a general rule should be
narrowly construed to avoid undermining the general rule.
Exceptio firmat regulam (in casibus non exceptis). ks-kpt frmat rglam
(n kasbs nn aks-kpts). eksept frmt regylum (in kzibus nan ekseptis).
The exception affirms the rule (in cases not excepted). An alternative
phrase for Exceptio probat regulam (de rebus non exceptis).
Exceptio inadimplenti contractus. ks-kpt nadmplnt kntrakts. eksep

t indimplent kantrktus. n. Defense [in the case of] an unfulfilled con-
tract. A defense to a claim of breach of an agreement based on the other
partys prior breach of the agreement. See also Inadimplenti non est adim-
plendum and Non adimplenti contractus.
Exceptio probat regulam (de rebus non exceptis). ks-kpt prbat rglam
(d rbs nn ks-kpts). eksept prbt regylum (d rbus nan ekseptis).
The exception proves the rule (regarding things not excepted). A maxim
meaning that the existence of an exception to a rule proves by its rarity
the general validity of the rule. Alternative phrases are Exceptio
firmat regulam (in casibus non exceptis) and Exceptio quoque regulam
declarat.
Exceptio quoque regulam declarat. ks-kpt kwkw rglam dklarat. eksep

t kwkw regylum deklrut. The exception also states the rule. An
alternative phrase for Exceptio probam regulam (de rebus non exceptis).
Exceptio rei iudicatae. ks-kpt r ydkat. eksept r jdikat. n. An

objection to the adjudicated matter. An argument that a claim should
be dismissed based on a previous binding judgment or award between
the parties dealing with the same subject matter. E.g., The requirement of
the identity of the parties for the application of the exceptio rei judicatae has
the effect of preventing the right of third parties from being conclusively
settled without being involved in litigation. Bin Cheng, General Principles
of Law as Applied by International Courts and Tribunals 341
n.22 (1953).
Exceptis excipiendis. ks-kpts ks-kp-nds. ekseptis eksip-endis. adv.

With necessary exceptions. With all necessary exceptions.

Exeat
Exeat. ks-at. egz-t. v. (commonly used as n.). He may depart. A permis-

sion to depart from a states territory or other place under its control. See also
Ne exeat (regno).
Exempla illustrant, non restringant, legem. ksmpla llstrant, nn rstrngant,
E lgm. egzemplu ilustrnt, nan restriJent, lejum. Examples illustrate the law,
they do not restrict it. A maxim meaning that, in interpreting a law
containing examples, the examples should be read to clarify the purpose
and scope of the law rather than to restrict the laws applicability only to
those scenarios depicted by the examples. Contrast with Expressio unius
(est) exclusio alterius.
adv. For the sake of an

Exempli gratia. ksmpl grat-a. egzempl gru.
example. For example. Commonly abbreviated E.g.
Exequatur. kskwatr. eksekwatr. imp. v. (commonly used as a n.) Let it be

executed. A written, official recognition of a head of a consular post issued
by the government to which the consular officer is accredited. See the Vienna
Convention on Consular Relations art. 12, Apr. 24, 1963, 596 U.N.T.S. 261.
Although the term is commonly written without an s, the proper Latin
spelling is Exsequatur.
Expedit rei publicae ut sit finis litium. kspdt r pblk t st fns lt-m.
ekpdit r publik ut sit finis lum. It is advantageous to the public that there
be an end to lawsuits. A maxim meaning that protracted litigation puts a strain
on the judicial system and undermines the laws role in dispute resolution, and
so the public interest requires that disputes be resolved in some final form rather
than continuing indefinitely to drain the resources of courts and the parties.
This maxim has sometimes been used to justify or explain a tribunals decision
to encourage settlement or grant an early or time-delimited award. An alterna-
tive phrase is Interest rei publicae ut sit finis litium.
Expressio unius (est) exclusio alterius. ksprss ns (st) kskls altrs.

ekspres n-us (est) eksklz altr-us. The express statement of one (is)
the exclusion of the other. A canon of legal instrument construction accord-
ing to which, when something is stated expressly in the instrument, any similar
matter omitted from the instrument is presumed to have been omitted in-
tentionally. The rationale underlying this doctrine is that the express inclusion
of the subject matter indicates that the drafters were aware of similar matters
and chose to exclude them by design. For example, a treaty providing for the
right of innocent passage through a states territorial waters of civilian vessels
without notice and of military vessels would under this canon be presumed to
require notice prior to a foreign warship entering a state partys territorial

Extra compromisum arbiter nihil facere potest
waters, because the without notice qualification was explicit for civilian vessels
but not mentioned with respect to military vessels. E.g., [I]t is further con-
tended by the United States[t]hat, as the liberty to dry and cure on the treaty
coasts and to enter bays and harbors on the non-treaty coasts are both subjected
to conditions, and the latter to specific restrictions, it should therefore be held
that the liberty to fish should be subjected to no restrictions, as none are E
provided for in the treaty. The tribunal is unable to apply the principle of
expressio unius exclusio alterius to this case[b]ecause these restrictions of the
right to enter bays and harbors applying solely to American fishermen must
have been expressed in the treaty, whereas regulations of the fishery, applying
equally to American and British, are made by right of territorial sovereignty.
The North Atlantic Coast Fisheries Arbitration (U.K. v. U.S.), 11 R.I.A.A. 167
(1910). Alternative formulations are Affirmatio unius (est) exclusio alterius,
Designatio unius (est) exclusio alterius, and Enumeratio unius (est) exclu-
sio alterius. Compare with Expressum facit cessare tacitum. Contrast with
Exempla illustrant, non restringant, legem.
Expressis verbis. ksprsss wrbs. ekspresis vrbis.adv. In explicit terms.

Explicitly; in clear words. E.g., [A] disagreement on a point of law or fact, a
conflict of legal views or interests, or the positive opposition of the claim of
one party by the other need not necessarily be stated expressis verbis. In the
determination of the existence of a dispute, as in other matters, the position
or the attitude of a party can be established by inference, whatever the
professed view of that party. Land and Maritime Boundary Between Camer-
oon and Nigeria (Camer. v. Niger.), 1998 I.C.J. Rep. 275, 315, 89. Compare
with Claris verbis.
Expressum facit cessare tacitum. ksprssm fakt kssar taktm. ekspresum

fsit sesar tsitum. What is expressly done causes the invalidation of what is
silent. A doctrine according to which, when something is stated explicitly in a
legal instrument, any matter omitted from the statement is presumed to have
been omitted intentionally. Compare with Expressio unius est exclusio alterius.
Exsequatur. The proper Latin spelling of Exequatur.
Extense. kstns. ekstens. adv. Extensively. (1) Comprehensively. (2) Ex-

tremely.
prep. Beyond. (1) Beyond; outside. (2) Additional to.

Extra. kstra. ekstru.
(3) Except; without.
Extra compromisum arbiter nihil facere potest. kstra kmprmsm arbtr

nhl fakr ptst. ekstru kamprumzum arbitr nhil fsr ptest. The

Extra iudicium
arbitrator cannot do anything outside the agreement. An alternative formu-

lation of Arbiter nihil extra compromisum facere potest.
Extra iudicium. kstra ydk-m. ekstru jdium.adv. Outside the jurisdic-
tion. (1) Out of the presence of the tribunal. Compare with De plano.
E (2) Beyond the jurisdiction of the tribunal or sovereign authority.
adv. Outside the right. More than what is
Extra ius. kstra ys. ekstru jus.
required or granted by the law or as a matter of right.
Extra legem. kstra lgm. ekstru lejum. adv. Outside the law. (1) Beyond the
scope of the law. (2) Illegal. (3) Not within the subject matter regulated by
the law.
Extra regnum. kstra rgnm. ekstru regnum. adj. or adv. Outside of the
realm. Outside of the territory or jurisdiction of the state. Compare with
Extra territorium.
adv. Outside the

Extra territorium. kstra trrtr-m. ekstru teritr-um.
territory. Beyond the territorial boundary of a state or region. Compare
with Extra regnum.
Extra territorium ius dicenti impune non paretur. kstra trrtr-m ys dkn
t mpn nn partr. ekstru teritr-um jus disent impyn nan paretr. One
who gives a judgment outside his territory may be disobeyed with impunity.
A maxim, originating in Justinians Digest (2.1.20), meaning that a court or
other authority may not enforce its laws outside of its own territory. Modern
state practice no longer fully conforms to this maxim, however; many states
now regularly exercise prescriptive jurisdiction over extraterritorial acts and
persons, and extraterritorial enforcement, sometimes unilateral but more
commonly with the cooperation of the state on whose territory the accused
is found, occurs with increasing frequency.
Extrema ratio. kstrma rat. ekstrmu r. n. Extreme remedy. (1) A
serious punishment. (2) A remedy or recourse having extreme consequences.
E.g., [Safeguard measures] constitute an extrema ratio, applicable only when
positive demonstration by the applying Member is given as to the unsuit-
ability of the other tariff-based measures (tariff increases or tariff-rate quo-
tas). United StatesDefinitive Safeguard Measures on Imports of Wheat
Gluten from the European Communities, Panel Report of July 31, 2000,
WTO Doc. No. WT/DS166/R, at 155, 90.
v. To renounce the
Exuere patriam. ksr pattr-am. egzr ptr-um.
country. The renunciation of ones citizenship. Compare with Forisiurare
provinciam.

F
................................
Facta concludentia. fakta knkldnt-a. fktu kankldenu. n. pl. Concluding

deeds. Implicit or tacit consent. E.g., [I]f tacit abrogation [of a treaty] were
recognized, it would be necessary to produce proof of the facta concludentia
which would have to be relied on to demonstrate the contrarius consensus
of the parties, and proof of sufficient force to relieve the parties of the
obligation undertaken by them under the treaty. Nuclear Tests (Austl.
v. Fr.), 1974 I.C.J. Rep. 253, 381 ( Judge De Castro, dissenting). See also Per
facta concludentia.
n. pl. Past events. Events or

Facta praeterita. fakta prtrta. fktu pretritu.
situations occurring or existing in the past. E.g., At the outset we shall have
to examineintertemporal law, which indicates what is the law to be applied
to facta praeterita. To seek to establish what lies behind the use of a term in
order to ascertain the intention of the party which made the declaration is
one thing; to determine the effect which a new legal regime may have on an
already existing situation is another. Aegean Sea Continental Shelf (Greece v.
Turk.), 1978 I.C.J. Rep. 3, 67 ( Jurisdiction).
Facto et animo. fakt t anm. fkt et nim. adv. In fact and intent.
Factually and intentionally; done with the requisite intent.
Factum. faktm. fktum. n. [pl. Facta. fakta. fktu.] Deed. (1) An act or deed;
a fact or event, or evidence thereof. E.g., El Salvador adds that [t]he
discovery of hitherto unknown documents is a typical example of the type
of fact which lays open a case to revisioneither because they themselves
constitute the factum or because they are the source of knowledge of them.
Application for Revision of the Judgment of 11 September 1992 in the Case
Concerning the Land, Island, and Maritime Frontier Dispute (El Salv.
v. Hond.), 2003 I.C.J. Rep. 392, 42 ( Judgment). (2) A statement of facts
for submission to a tribunal; a memorial.
105
Factum probandum
Factum probandum. faktm prbandm. fktum prbndum. n. Fact needing

to be proved. A fact that, for some reason (usually to carry a burden of proof
in a litigation), must be proved for a claim or defense to succeed.
Falsus. falss. falsus. adj. False. (1) Untrue. (2) Deceptive. (3) Deceitful.
F Falsus in uno, falsus in omnibus. falss n n falss n mnbs. falsus in n,
falsus in amnibus. Deceitful in one, deceitful in all. A maxim meaning that,
when one has perjured himself once, his entire testimony and all of his or
claims thereby are presumed false or at least fall under suspicion of deceit.
Fatuum iudicium. fat-m ydk-m. fy-um jdium. n. Fatuous judg-

ment. An erroneous judicial or arbitral decision.
Fauces terrae. fks trr. fcez ter.n. The jaws of land. An ocean strait,
inlet, or bay, partially enclosed by projecting headlands or promontories, in
contradistinction to an open sea. In the practice of some states, such as England
and the United States, such arms of the sea were considered state territory rather
than open ocean when the land features were sufficiently narrow that a person can
see one shore while standing on the opposite shore. See also Inter fauces terrae.
n. The encouragement of busi-

Favor negotii. fawr ngt-. fvr neg.
ness. A principle of documentary interpretation whereby a treaty or other
agreement is construed in a manner that sustains its validity under law
whenever such a construction is reasonably possible to avoid undermining
the dealings of the parties.
n. An inclination toward
Favor solutionis. fawr sltns. fvr salnis.
payment. A conflict of laws principle to the effect that a contract should be
interpreted according to the law of the forum in which performance is to
occur.
n. An inclination toward
Favor validitatis. fawr waldtats. fvr vlidittis.
certainty. A principle of legal instrument construction by which the instru-
ment is interpreted in a manner calculated to uphold its validity. The term is
commonly used in reference to contracts and treaties, which should generally
be interpreted under favor validitatis to avoid frustrating the intentions of
the parties by nullifying their legal relationship.
Felo de se. fl d s. fel d s. n. Med. Felon of himself. A suicide. In

medieval English law, a felo de se was given by law a punitive burial and
forfeited all of his property to the Crown instead of his heirs.
Fera vagans est nullius in rebus. fra wagans st nlls n rbs. fra vgenz est
nl-us in rbus or -rbus. A wandering beast belongs to no one. A maxim

Fictio (iuris)
meaning that wild animals (such as migratory species) that cross man-made
territorial boundaries do not become the exclusive property of the owner of
the territory into which they cross.
n. pl. Wild animals. Feral animals.
Ferae bestiae. fr bst-. fer best-.
Traditionally, a state had complete sovereignty over ferae bestiae that lived
F
within its territory, but new norms have developed with the recognition of
the need for species conservation and the sharing of migratory species. An
alternative term is Ferae naturae (n.).
(1) adj. Of wild nature. Wild; un-
Ferae naturae. fr natr. fer nr.
tamed; feral. (2) n. Wild nature. An alternative term for Ferae bestiae.
n. pl. In Roman law, priests belonging to the
Fetiales. ft-als. fet-lz.
Collegium fetialium. Sometimes misspelled Feciales. See also Collegium fe-
tialium and Ius fetiale (divinum).
Fiat iustitia, pereat mundus. fat ystt-a, pr-at mnds. ft justiu, pr-t
mundus. Let justice be done, though the world may perish. A maxim
meaning that a just decision should be made at whatever cost in terms of
practical consequences. An alternative phrase is Fiat iustitia, ruat caelum.
Fiat iustitia, ruat caelum. fat ystt-a, rat klm. ft justiu, rt slum.
Let justice be done, though the heavens may fall. An alternative phrase for
Fiat iustitia, pereat mundus.
Fictio. See Fictio (iuris).

Fictio cedit veritati; fictio iuris non est ubi veritas. fkt kdt wrtat; fkt
yrs nn st b wrtas. fik sdit veritt; fik jris nan est b veritus.
Fiction yields to truths; there is no legal fiction where there is truth.
A maxim meaning that tribunals rely on judicial fictions only in the absence
of adequate evidence on the matter at issue. Sometimes abbreviated Fictio
iuris non est ubi veritas. See also Fictio legis inique operatur alicui damnum
vel iniuriam.
Fictio (iuris). fkt (yrs). fik (jris). n. [pl. Fictiones (iuris). fktns (y
rs). fiknz (jris).] (Legal) fiction. A presumption or assumption of law.
Different judicial authorities treat fictiones differently. A fictio may apply
despite contrary evidence, or it may be defeated by contrary evidence,
depending on its purpose. A fictio intended to achieve a legal result otherwise
not possible might apply despite proof of facts contrary to the presumption.
A fictio that serves to render a decision more efficient by making evidence of
the assumed fact unnecessary might be nullified by a showing that the legal
fiction is inaccurate.

Fictio iuris non est ubi veritas
Fictio iuris non est ubi veritas. fkt yrs nn st b wrtas. fik jris nan est
b veritus. There is no legal fiction where there is truth. An abbreviated
form of Fictio cedit veritati; fictio iuris non est ubi veritas.
Fictio legis inique operatur alicui damnum vel iniuriam. fkt lgs nkw
F pratr alkw damnm wl nyr-am. fik lejis inikw aprtr likw dm

num vel injr-um. A legal fiction works unfairly if it causes loss or injury to
anyone. A maxim meaning that a legal fiction should be discarded if its use
would create an injustice. See also Fictio cedit veritati; fictio iuris non est ubi
veritas.
Fidelissimi magistri omnium iuris arcanorum conscii. fdlssm magstr m

n-m yrs arkanrm knsk-. fdelisim mjistr amn-um jris arknrum
kn. n. pl. Neo. Most faithful teachers, privy to the law of all mysteries.
A bombastic term sometimes used to refer to the most learned jurists.
Trust is preserved.
Fides servanda est. fds srwanda st. fdz srvndu est.
A phrase meaning that, in the execution of treaty or contractual duties, each
party must act in good faith toward the other.
Thread of water. (1) A watercourse.

Filum aquae. flm akw. flum akw. n.
(2) An abbreviation of Medium filum acquae.
Final agreement.
Finalis concordia. fnals knkrd-a. fnulis kankrd-u. n.
A conclusive agreement, usually for the settlement of a dispute between the
parties.
Firmior et potentior est operatio legis quam dispositio hominis. frmr t

ptntr st prat lgs kwam dspst hmns. frmr et ptenr est
apr lejis kwam dispzi haminis. The operation of law is more steadfast
and capable than the management of man. (1) A maxim positing the
superiority of the rule of law over the rule of man. (2) A maxim meaning
that no person is above the law. (3) A maxim meaning that the rights of a
third party cannot be limited or abrogated by an agreement between two
other parties without the consent of the affected third party. An alternative
formulation is Fortior et potentior est dispositio legis quam hominis.
Flagrans bellum. flagrans bllm. flgrunz belum. n. Blazing war. An active

armed conflict. See also Flagrante bello.
Flagrante bello. flagrant bll. flgrant bel. adv. With war blazing. During
or in the middle of an active armed conflict. See also Flagrans bellum.
Flagrante delicto. flagrant dlkt. flgrant dulikt. adv. In blazing wrong-

doing. An abbreviation of In flagrante delicto.

Fortior obligatio ratio vincit
Foedera. n. pl. See Foedus.
Foedus. fds. fdus. n. [pl. Foedera. fdra. fdru.] League. (1) A treaty
of peace or alliance. In Roman law, foedus connoted a hierarchical relation-
ship between the allies in which Rome was always superior. (2) A convention
for the formation of an intergovernmental organization. Compare with Pac- F
tum, Pactiones, and Sponsio.
Fons et origo. fns t rg. fanz et rig. n. Source and origin. (1) The
conditions or events that give rise to or create (something); the source and
origin (of something). E.g., [I]t is clear that the fons et origo of the dispute
was the atmospheric nuclear tests conducted by France in the South Pacific
region, and that the original and ultimate objective of the Applicant was and
has remained to obtain a termination of those tests. Nuclear Tests Cases
(N.Z. v. Fr.), 1974 I.C.J. Rep. 457, 467, 31. (2) The creator (of something).
(3) The geographical source (of something).
Source and origin

Fons et origo mali. fns t rg mal. fanz et rig ml. n.
of evil. The origin of an unfortunate or regrettable problem or event.
Fons iuris. fns yrs. fanz jris. n. Fount of law. The source of legal authority.
Forisiurare provinciam. frsyrar prwnk-am. frisjrar pruvins-um. v. + n.

To forswear allegiance. To renounce ones citizenship under oath. This act
may be required to obtain citizenship in another state that does not accept
the concept of dual nationality. Compare with Exuere patriam.
Forma legalis forma essentialis. frma lgals frma ssnt-als. frmu lglis
frmu esenlis. Legal form is essential form. A maxim (of limited applica-
tion in international law) meaning that acts not complying with legal
formalities are considered void or illegal.
Fortior et potentior est dispositio legis quam hominis. frtr t ptntr st

dspst lgs kwam hmns. frtyr et ptenr est dispzi lejis kwam ha
minis. The management of law is stronger and more capable than the
management of man. An alternative phrase for Firmior et potentior est
operatio legis quam dispositio hominis.
Fortior obligatio ratio vincit. frtr blgat rat wnkt. frr ablig r
vinsit. The stronger basis for an obligation prevails. A principle according
to which, when two or more obligations conflict, the obligation with a
weaker basis yields to the obligation with a stronger one. Compare with
Fortior obligatio vincit.

Fortior obligatio vincit
The
Fortior obligatio vincit. frtr blgat wnkt. frr ablig vinsit.
stronger obligation prevails. A principle according to which, when two or
more obligations conflict, the less important obligation yields to the more
important one. Compare with Fortior obligatio ratio vincit.
F Forum actoris. frm aktrs. frum ktris. n. Forum of the actor. The
forum in which the claimant or plaintiff resides or has domicile. E.g.,
Unlike under the Brussels Convention, where a company based outside
the EU, say the U.S., is sued on the basis of Dutch internal jurisdiction law,
the possibility of suing before the court of the plaintiff s domicile exists: the
so-called forum actoris, as opposed to the court of the place of domicile of the
defendant. (In other words: the mirror view of the main jurisdictional rule of
the place of domicile of the defendant). Gerrit Betlem, Transnational
Litigation against Multinational Corporations before Dutch Civil Courts, in
Liability of Multinational Corporations under International
Law 283 (M. Kamminga and S. Zia-Zarifi eds., 2000).
Forum actus. frm akts. frum ktus. n. Forum of the act. The jurisdiction
in which the legally relevant act was performed.
n. Neo. Forum of the arrest. The
Forum arresti. frm arrst. frum urest.
forum or jurisdiction in which an arrest or seizure, usually of personal
property, took place. E.g., In the United States the forum arresti was
introduced when the American colonies adopted the process of foreign
attachment from England, where its origin was said to be the custom of
London, under which a creditor might attach money or goods of the
defendant either in plaintiff's own hands or in the custody of a third person.
Lawrence Collins, 1992-III Receuil des cours 32.
Forum celebrationis. frm klbratns. frum selubrnis. n. Forum of the
concourse. An abbreviation of Forum loci celebrationis.
Forum competens. frm kmptns. frum kamputenz. n. Competent
forum. The forum or court having jurisdiction over the relevant dispute.
Contrast with Forum non competens.
Forum connexitatis. frm knnkstats. frum kneksittis. n. Faux Forum of
connection. A forum or jurisdiction having a connection to a party or matter
sufficient to justify an assertion of personal jurisdiction. This term is false
Latinthe word connexitatis being recently inventedand should be avoided.
It is sometimes used erroneously to designate a tribunal seised of a claim in
which some parties to a dispute are outside of the tribunal's territorial jurisdic-
tion but are considered to be sufficiently necessary to the resolution of the
dispute to justify an assertion of judicial jurisdiction nonetheless.

Forum loci solutionis
Forum contractus. frm kntrakts. frum kantrktus. n. Forum of the con-

tract. An abbreviation of Forum loci contractus.
Forum conveniens. frm knwn-ns. frum kanvn-enz. n. Convenient

forum. A court or jurisdiction convenient to the resolution of the dispute.
A forum conveniens need not be the most convenient forum, so long as it is F
sufficiently accessible to the relevant parties and witnesses, and no serious
obstacles to the resolution of the dispute or inefficiencies will result from the
use of that forum. Contrast with Forum non conveniens.
Forum delicti. frm dlkt. frum dulikt. n. Forum of the wrongdoing. An

abbreviation of Forum loci delicti.
Forum domicilii. frm dmkl-. frum damisil. n. Forum of domicile.

The jurisdiction in which a relevant party (usually the defendant or respon-
dent) has his domicile. See also Domicilium.
n. Forum of
Forum ligeantiae rei. frm lg-ant- r. frum lij-nt- r.
the defendant's allegiance. An alternative formulation of Forum rei ligeantiae.
n.
Forum loci celebrationis. frm lk klbratns. frum ls selebrnis.
Forum of the place of concourse. The jurisdiction in which an agreement
was formally concluded. Compare with Forum loci contractus. See also
Forum loci solutionis.
Forum
Forum loci contractus. frm lk kntrakts. frum ls kantrktus. n.
of the place of the contract. The jurisdiction in which an agreement was
executed. Compare with Forum loci celebrationis. See also Forum loci solu-
tionis.
n. Forum of the
Forum loci delicti. frm lk dlkt. frum ls dulikt.
place of the wrongdoing. The jurisdiction in which an injurious act or crime
took place.
Forum loci patrimonii. frm lk patrmn-. frum ls ptrimn. n.

Forum of the patrimonial place. The jurisdiction in which the defendants
or respondent's property is located, despite the absence of the defendant or
respondent from the territory of the jurisdiction itself. Compare with Forum
situs. See also Quasi in personam.
Forum loci solutionis. frm lk sltns. frum ls slnis. n. Forum

of
the place of resolution. The jurisdiction in which contractual obligations are
or were to be performed. See also Forum loci celebrationis and Forum loci
contractus.

Forum non competens
Forum non competens. frm nn kmptns. frum nan kamputenz. n. Forum

lacking competence. A forum or court lacking jurisdiction over the relevant
dispute. Contrast with Forum competens.
Forum non conveniens. frm nn knwn-ns. frum nan kanvn-enz. n. An

F inconvenient forum. A common law doctrine under which a tribunal may
decline in its discretion to exercise jurisdiction if it determines that it is a
seriously inconvenient forum for the litigation, as long as a more appropriate
forum is available to the claimant. E.g., The principle of forum non con-
veniens is simply that a court may resist imposition upon its jurisdiction even
when jurisdiction is authorized by the letter of a general venue statute. Gulf
Oil Corp. v. Gilbert, 330 U.S. 501, 506 (1947). See Restatement (Second)
of Conflict of Laws 84 (1971). Contrast with Forum conveniens.
Forum patrimonii. frm patrmn-. frum ptrimn. n. Forum of the

patrimony. An abbreviation of Forum loci patromonii.
Forum prorogatum. frm prrgatm. frum prrgtum. n. The deferred

forum. The jurisdiction to whose authority the parties have acquiesced
through an ad hoc agreement. In the absence of such agreement, the parties
are deemed to have selected the default forum as the forum prorogatum. E.g.,
[T]he rule requiring the consent of the parties is quite compatible with a
certain degree of flexibility in the ascertainment of that fact, in virtue of the
principle of the forum prorogatum. Advisory Opinion Concerning the Inter-
pretation of Peace Treaties with Bulgaria, Hungary, and Romania, 1950 I.C.J.
Rep. 65, 81, 5 (separate opinion of Judge Azevedo).
Forum rei ligeantiae. frm r lg-ant-. frum r lij-nt-.n. Forum of

the defendant s allegiance. A forum or court in the state of the defendant s
nationality. An alternative formulation is Forum ligeantiae rei.
Forum rei sitae. frm r st. frum r sit. n. Forum in which the thing (is
situated). The venue or territorial jurisdiction in which property that is the
subject of a dispute is physically located. In the case of patents or trademarks,
this is the jurisdiction in which the patent or trademark was granted.
Compare with Forum loci patrimonis and Forum situs. See also In rem.
Forum situs. frm sts. frum stus. n. Forum of the site. The jurisdiction
in which property under dispute is located. Compare with Forum loci patri-
monii and Forum rei sitae. See also In rem.
Forum solutionis. frm sltns. frum slnis. n. Forum of the resolu-

tion. An abbreviation of Forum loci solutionis.

Functus officio
Fraus est celare fraudem. frs st klar frdm. frs est selar frdum.
To conceal a fraud is fraud. A maxim meaning that, by concealing
a fraud, one thereby participates in the fraud or commits an additional
fraud.
Fraus et ius nunquam cohabitant. frs t ys nnkwam khabitant. frs et jus nun F
kwam khbitnt. Fraud and justice never cohabitate. A maxim meaning
that fraud corrupts justice regardless of the good faith or just intentions of
the participants.
n. A legal fraud done. An

Fraus legis facta. frs lgs fakta. frs lejis fktu.
attempt to fraudulently avoid the application of the law of one jurisdiction
(where an act would be illegal) by resort to another jurisdiction (where the act
would be legal). In general, legi fraudem facere means to circumvent or evade
the law, as opposed contra legem facere, which means to do what is prohibited
by the law.
Fraud
Fraus meretur fraudem. frs mrtr frdm. frs meretr frdum. Neo.
obtains fraud. A maxim meaning that one fraud tends to breed other frauds
necessary to conceal the original fraud.
Fraus omnia corrumpit. frs mn-a krrmpt. frs amn-u krumpit.Fraud

corrupts all. A principle according to which the discovery of fraud invali-
dates all aspects of a judicial decision or arbitral award.
Frusca terra. frska trra. frusku teru. n. Barren land. A desert or wasteland.
The smoke of good

Fumus boni iuris. fms bn yrs. fymus bn jris. n.
law. The evident or superficial merit of a petition, argument, or plea.
According to the principle of fumus boni iuris, a valid claim should generally
be heard by the petitioned tribunal. E.g., The criterion of fumus boni juris as
a condition to the order of provisional measures having an obligatory
character is well known in certain international jurisdictions (for example,
the European Court of Justice) as well as numerous national judicial
systems. It applies, indeed, by a kind of logical necessity. Pulp Mills on the
River Uruguay (Arg. v. Uru.), I.C.J. Case No. 135, Order of July 13, 2006,
Annex, 9 (Provisional Measures) (separate opinion of Judge Abraham)
(our translation from the French). An alternative formulation is Bonus
fumus iuris.
adv. Having performed in its

Functus officio. fnkts ffk. funktus ufi.
office. Lacking in jurisdiction or authority because ones duties or functions
have been fulfilled. A tribunal, law, regulation, or edict becomes functus

Fungibiles res
officio after it has played out its official role and no longer has any basis for
exercising authority.
n. pl. Fungible things. Personal
Fungibiles res. fngbls rs. funjibilz res.
property having the character of being functionally identical with, and
F therefore freely substitutable for, other personal property of like kind.

G
................................
Gabella emigrationis. gablla mgratns. gbelu emigrnis. n. Neo. Emigra-

tion tax. A tax on the act of emigration itself or on personal property taken
out of the country while emigrating.
Generale dictum generaliter est interpretandum. gnral dktm gnraltr
st ntrprtandm. jenrl diktum jenrlitr est intrpretndum. A general
saying is interpreted generally. A maxim meaning that a generally worded
provision of a legal instrument should be construed to apply broadly and by
default, with the understanding that some exceptions may be justified.
Compare with Generalis regula generaliter est intelligenda.
Generalia specialibus non derogant. gnral-a spk-albs nn drgant.
jenrl-u speylibus nan dergnt. General things do not derogate from
specific things. A maxim meaning that specific or detailed provisions of a
legal instrument should prevail over more general, conflicting provisions.
Compare with Generalis clausula non porrigitur ad ea quae antea specialiter
sunt comprehensa and Specialia generalibus derogant.
Generalis clausula non porrigitur ad ea quae antea specialiter sunt compre-

hensa. gnrals klsla nn prrgtr ad a kw ant-a spk-altr snt km-
prhnsa. jenrlis klazylu nan prijitr d u kw nt-u spelitr sunt
kamprhensu. A general clause does not extend to those things that previ-
ously have been comprehended in a special way. A maxim meaning that a
general clause in a legal instrument is presumed not to apply to situations
specifically provided for elsewhere in the same instrument. Compare with
Generalia specialibus non derogant.
Generalis regula generaliter est intelligenda. gnrals rgla gnraltr st

ntllgnda. jenrlis regylu jenrlitr est intelijendu. A general rule is to
be interpreted generally. A maxim meaning that a rule of general applica-
tion should be applied broadly, with the understanding that some exceptions
115
Gentes
may be justified. Compare with Generale dictum generaliter est interpre-

tandum.
Gentes. gnts. jentz. n. pl. Peoples. The peoples or nations of the world as a
collectivity. The term gentes was used in both Roman and medieval law
G primarily to indicate those peoples or nations with which formal interna-
tional relations were conducted.
Gestio. gst. jest. n. Action. (1) Behavior; course of action. (2) The
conduct of business.
Gleboe adscripti. glb adskrpt. glb dskript. n. pl. Joined to the land.
Things permanently a part of the land. E.g., In civilized nations the greater
part of mankind are gleboe adscripti, fixtures to the soil on which they are
born. Jeremy Bentham, The Principles of International Law: Essay II, in 2
The Works of Jeremy Bentham 542 ( John Bowring ed. 1843).
Gradatim. gradatm. grudtim. adv. By degrees. Incrementally; by steps;
gradually.
Gratis. grats. grtis. adj. or adv. From kindness. Free; freely; not requiring
any remuneration.
n. A statement given willingly.
Gratis dictum. grats dktm. grtis diktum.
(1) An unnecessary statement. (2) An unproven assertion.
Gravitas. grawtas. grvitas. n. Seriousness. (1) Importance. (2) Gravity. (3) A
dignified demeanor.

H
................................
Haec est conventio. hk st knwnt. hk est kanven.This is the custom.

(1) A statement declaring the putative customary practices of relevant parties.
(2) A statement declaring the explicit terms of an agreement.
Haec verba. hk wrba. hk vrbu. n. pl. (In) those words. An alternative
formulation of In haec verba.
Hereditas. hrdtas. hreditus. n. Heritage. (1) Heritage. (2) Inheritance.
Holus bolus. hls bls. hlus blus. adv. Faux Hocus pocus. As if by
magic; instantly, completely, and mysteriously. E.g., [T]he scope of the
jurisdiction of this Chamber, or of any other chamber composed by the
Court under the present Rules, is neither definitive nor final, so that one
cannot regard jurisdiction as being transferable holus bolus from the Interna-
tional Court of Justice itself to its affiliate envisaged in Article 26 of the
Statute, or by any other text. Land, Island, and Maritime Frontier Dispute
(El Sal. v. Hond.), 1990 I.C.J. Rep. 3, 9 (Application to Intervene) ( Judge
Elias, dissenting).
Hominum causa (omne) ius constitutum est. hmnm ksa (mn) ys kn-
stttm st. haminum kazu (amn) jus kanstittum est. (Every) law has been
created for the sake of men. A maxim of Roman law meaning that every law
is ultimately designed to serve the good of persons. The maxim implies that
the law is a means rather than an end and should aspire to improve the lives
of real persons rather to achieve doctrinal purity or to perfect abstract
principles.
Homo. hm. hm. n. Man. (1) A person. (2) A man.
Homo civitatis. hm kwtats. hm sivittis. n. Man of the city. A person
in his or her role or capacity as a citizen. E.g., Since the Martinez Sala case,
European citizenship has received a unique boost, taking an innovative
117
Homo economicus
precedence in the Courts jurisprudence thathas interpreted legislative

intent to attribute to the citizen moving between countries a more privileged
status than that of the economic actor. Put more simply, the Court has
transformed the model of the homo economicus into that of the homo civitatis.
Opinion of Advocat General Damaso Ruiz-Jarabo Colomer, Petersen v.
H Arbeitsmarktservice Niederosterreich, E.C.J. Case C-228/07, 15 (2008).
Homo economicus. hm knmks. hm ekunamikus. n. Economic man.
A person in his or her role or capacity as an economic actor; a person seeking
to maximize his or her wealth. E.g., As most people spend most of their
time on the production of goods and services (such as education) as a means
to acquire other goods and services (such as medical and cultural services,
transport, telecommunication and tourism) inside and outside their home
country, the frequent double standard cultivated by many lawyers and
courtsi.e. their preference for and higher level of scrutiny accorded to
civil and political rights, rather than to economic and social rights, let
alone to their increasingly transnational exercise in the modern global
economyreflects a strange legal anachronism and disregard of the global
development problems and actual needs of the modern homo economicus.
Ernst-Ulrich Petersmann, The GATT/WTO Dispute Settlement
System 3 (1997).
Homo politicus. hm pltks. hm plitikus. n. Political man. A person
in his or her role or capacity as a political actor; a person seeking to maximize
his or her political power. E.g., [T]he homo politicus who pursues nothing
but power is as unreal a myth as the homo economicus who pursues nothing
but gain. Political action must be based on a co-ordination of morality and
power. Christian Reus-Smit, The Politics of International Law, in The
Politics of International Law 14, 25 (Christian Reus-Smit ed., 2004).
Homo sociologicus. hm sklgks. hm sslajikus. n. Sociological
man. A person in his or her capacity or role as a social being and member
of a society.
Hostis humani generis. hsts hman gnrs. hastis hyumn jenris. n. [pl.
Hostes humani generis. hsts hman gnrs. hastz hyumn jenris.]
Enemy of humankind. A common enemy of all peoples, such as a pirate,
slave trader, or terrorist, whose acts are repugnant or threatening to the
international community generally. A person accused of being hostis humani
generis may be subject to universal jurisdiction. See also Pirata est hostis
humani generis.

I(J) ................................
Note: In classical Latin, the letter j was not commonly used; the letter i
represented two separate sounds, one like the ee in see (represented here
with the phoneme ), and another pronounced more like the English y in
yes (the so-called palatal approximant, represented here with the phoneme
y). To distinguish the two sounds, it eventually became common to
represent the i used in consonant form with the letter j. Except for
abbreviations, which almost always use j instead of i in modern usage,
whenever you see a j in a Latin phrase and wish to find it in this guidebook,
look up the equivalent with i substituted for the j. For example, if you are
looking for jus cogens, locate ius cogens.
J.D. An abbreviation of luris doctor.
I.e. An abbreviation of Id est.
J.S.D. An abbreviation of luris scientiae doctor.
J.U.D. An abbreviation of luris utriusque doctor.
Ibid. bd. ibid or bid. An abbreviation of Ibidem.
Ibidem. bdm. ibidem. In that same place. In the same source just cited.
This term is used as citation signal interchangeably with Idem. Commonly
abbreviated as Ibid. See also Opera citato.
Ictu oculi. kt kl. ikt akyl. adv. At the glance of the eye. (1) At first
glance; superficially. (2) Evidently. E.g., The latter contention of Thailand
is ictu oculi unfounded for the following reasons Temple of Preah Vihear
(Camb. v. Thail.), 1961 I.C.J. Rep. 17, 44, 3 (separate opinion of Judge
Morelli). Compare with Prima facie and Primo fronte.
Id. An abbreviation of Idem.
119
Id est
Id est. d st. id est. It is. An expression that signals that the author or speaker
will explain a previous phrase or word in alternative terms or elaborate on the
previous phrase or word. Commonly abbreviated I.e. E.g., International
lawand consequently the principle of uti possidetisapplies to the new
State (as a State) not with retroactive effect, but immediately and from that
I(J) moment onwards. It applies to the State as it is, i.e., to the photograph of
the territorial situation then existing. Frontier Dispute (Burk. Faso v. Mali),
1986 I.C.J. Rep. 554, 568, 30.
Idem. dm. dem. That same. The same source just cited. Idem or,
more commonly, its abbreviation (Id.), is used as a citation signal to indi-
cate that support for the assertion may be found in the same source
cited immediately previously, usually on the same page unless otherwise
specified. The term is used interchangeably with Ibidem. Compare with
Ante.
Idem est facere et nolle prohibere cum possis. dm st fakr t nll prh
br km psss. dem est fsr et nl prhibr kum pasis. It is the same
thing to act and to refuse to prohibit when you can. A maxim meaning that
a person in a position of authority who tolerates a wrongful act assumes equal
responsibility for the act, as if he had performed it himself. See also Respon-
deat superior.
Identidem. dntdm. dentidem. Repeatedly. (1) Repeatedly; recurrently.

(2) Continually.
adv. Therefore. Consequently; for this reason. Compare

Ideo. d. id.
with Ergo and Per consequens.
Ignorantia elenchi. gnrant-a lnk. ignrnu elen.Ignorance of the

argument to which a refutation pertains. The situation in which it is unclear
what claims a specific counterargument is intended to refute.
Ignorantia excusatur non iuris sed facti. gnrant-a ks-ksatr nn yrs sd

fakt. ignrnu eks-kyzutr nan jris sed fkt. Ignorance of fact but not of
the law is excused. An alternative phrase for Ignorantia legis neminem
excusat. This phrasing originates in Justinians Digest (22.6.9).
Ignorantia facti excusat, ignorantia iuris non excusat. gnrant-a fakt ks-k
sat, gnrant-a yrs nn aks-ksat. ignrnu fkt eks-kyzt, ignrnu jris
nan eks-kyzt. Ignorance of facts excuses; ignorance of the law does not
excuse. An alternative phrase for Ignorantia legis neminem excusat.

Imperium in imperio
Ignorantia iuris neminem excusat. gnrant-a yrs nmnm ks-ksat.

ignrnu jris neminem eks-kyzt. Ignorance of the law excuses no one.
An alternative phrase for Ignorantia legis neminem excusat.
Ignorantia iuris non excusat. gnrant-a yrs nn ks-ksat. ignrnu jris nan
eks-kyzt. Ignorance of the law does not excuse. An phrase for Ignorantia I(J)
legis neminem excusat.
Ignorantia legis neminem excusat. gnrant-a lgs nmnm ks-ksat.

ignrnu lejis neminem eks-kyzt. Ignorance of the law excuses no one.
A doctrine requiring all persons to know their legal duties, such that actual
ignorance of these duties will not prevent a finding of liability for their
violation. Bone fide ignorance of relevant facts, in contrast, may excuse a
failure to fulfill a legal duty that should have been fulfilled had those facts
been known. Alternative phrases are Ignorantia excusatur non iuris sed
facti; Ignorantia facti excusat, ignorantia iuris non excusat; Ignorantia
iuris neminem excusat; Ignorantia iuris non excusat; and Ignorantia legis
non excusat.
Ignorantia legis non excusat. gnrant-a lgs nn ks-ksat. ignrnu lejis nan
eks-kyzt. Ignorance of the law does not excuse. An alternative phrase for
Ignorantia legis neminem excusat.
Illegitimati non carborundum. llgtmat nn karbrndm. ilejitimat nan kar-

brundum. Neo. The bastards should not grind [you down]. This motto of
encouragement, loosely translated as dont let the bastards grind you down,
is popularly attributed to Second World War U.S. General Joseph Stilwell.
Immobilia situm sequuntur. mmbl-a stm skwntr. imbil-u stum se

kwuntr. Immovables follow the locality. A maxim meaning that the law of
the jurisdiction in which real property is found governs the disposition of and
rights in the property.
Imperium. mpr-m. impr-um. n. Authority. The general power of gov-

ernment and administrationone of the two core characteristics of sover-
eignty. In Republican Rome, the power of superior magistrates was termed
imperium; in Imperial Rome, the emperors much expanded power was
known by the same name. In modern usage, it refers to the power of the
government to legislate and execute laws. See also Dominium and Maiestas.
Imperium in imperio. mpr-m n mpr. impr-um in impr. n.

A sovereignty within a sovereignty. A term describing multiple or hierar-
chical sovereigns within a single territory, as where municipal, provincial, or

Impossibilium nulla obligatio est
federal authorities all govern different aspects or territorial subdivisions of

the same greater territory.
Impossibilium nulla obligatio est. mpssbl-m nlla blgat st. impasibi

l-um nlu ablig est. The impossible is no legal obligation. A maxim
I(J) meaning that a legal obligation that is impossible to perform must be
excused. An alternative phrase is Ad impossibilia nemo tenetur. Compare
with Impotentia excusat legem, Lex neminem cogit ad vana seu impossi-
bilia, Lex non cogit impossibilia, and Ultra posse nemo tenetur.
Impotentia excusat legem. mptnt-a ks-ksat lgm. imptenu eks-kyzt

lejem. Inability excuses the law. A maxim meaning that impossibility of
performing a legal obligation due to a reasonably unforeseeable or unpre-
ventable event excuses a failure to perform the legal obligation. Compare with
Impossibilium nulla obligatio est, Lex neminem cogit ad vana seu impossi-
bilia, and Lex non cogit impossibilia.
Imprimatur. mprmatr. imprimutr. v. (used as a n.) May it be stamped. A

mark of approval. E.g., Even with the assumptions and presumptions of the
consent by the Rulers of Bahrain and Qatar, the Court did not necessarily
have to lend its imprimatur to the British decision without looking into its
substantive grounding in law. Maritime Delimitation and Territorial Ques-
tions (Qatar v. Bahr.), 2001 I.C.J. Rep. 40, 220, 10 (declaration of Judge
Vereshchetin).
Imprimis. mprms. imprimis.adv. Among the first; principally; especially.

An alternative formulation of In primis.
In the absence. In the absence of a

In absentia. n absnt-a. in bsenu. adv.
person during proceedings such as a hearing or criminal trial in which the
absent person is the accused. E.g., Some jurisdictions provide for trial in
absentia; others do not.If, as we believe to be the case, a State may choose
to exercise a universal criminal jurisdiction in absentia, it must also ensure
that certain safeguards are in place. Arrest Warrant of 11 April 2000 (Congo
v. Belg.), 2002 I.C.J. Rep. 3, 7980, 56, 59 (separate opinion of Judge
Higgins).
In abstracto. n abstrakt. in bstrkt.adv. In the abstract. Abstractly or

theoretically speaking; without reference to specific or real facts. E.g., It does
not enter into the adjudicatory functions of the Court to deal with issues in
abstracto, once it has reached the conclusion that the merits of the case no
longer fall to be determined. Nuclear Tests (Austl. v. Fr.), 1974 I.C.J. Rep. 252,
43 ( Judgment). Compare with In vacuo. Contrast with In concreto.

In casu
In actu. n akt. in kt. adj. In action. In practice; in action. E.g., As

regards the pactum de compromittendo, international law has made certain
progress in developing the formulas regulating passage from arbitration in
potentia to arbitration in actu, particularly in respect of the appointment of
arbitrators by the act of a third party. Advisory Opinion on Interpretation of
Peace Treaties with Bulgaria, Hungary, and Romania, 1950 I.C.J. Rep. 221, 248 I(J)
( Judge Azevedo, dissenting). Contrast with In potentia. See also de facto.
In adimplenti non est adimplendum. n admplnt nn st admplndm. in
dimplent nan est dimplentum. It is not necessary to fulfill [ones obligation]
to a person who fails to fulfill his own. A principle providing that a party in
breach of a contractual or treaty obligation usually sacrifices its right to
demand performance by the other party unless the breach is de minimis
and not material.
In aequali iure. n kwal yr. in ekwal jr. adj. or adv. In equal right.
Having equal or equivalent rights.
In aequo. n kw. in ekw. adj. or adv. In equity. According to principles of
equity.
adv. For eternity. (1) Permanently.
In aeternum. n trnm. in etrnum.
(2) Continuously and indefinitely. (3) In perpetuity. Compare with In
perpetuum.
In ambiguis orationibus maxime sententia spectanda est eius qui eas protu-
lisset. n ambg-s ratnbs maksm sntnt-a spktanda st ys kw as
prtlsst. in mbigyis rnibus mksim sentenu spektndu est jus kw us
prtuliset. In ambiguous statements, the greatest regard is for the views of
the person who made them. A maxim, originating in Justinians Digest
(50.17.96), meaning that, in interpreting an ambiguous statement, provision,
or rule, the opinion of the original speaker or drafter on its interpretation
should carry the greatest weight. Contrast with Contra proferentem.
In ambiguo. n ambg. in mbigw. adj. or adv. In doubt. In doubt or
uncertainty.
In camera. n kamra. in kmru. adj. or adv. In the room. (1) In the judges or
arbitrators private chambers. (2) In the room. Contrast with In curia.
In casu. n kas. in ks. adj. In the case. In, during, or throughout the
judicial action. E.g., If, for more than a decade, it was so clear to the Court
that the Respondent was not a Member of the United Nations, and the
quality of being a Member of the United Nations is the only basis on which
the Respondent could have been considered a party to the Statute of the

In casu consimili
Court, it follows that the Court deliberately avoided recognizing the juris-
dictional fact affecting the very legality of the totality of its actions in casu.
Genocide (Bosn. & Herz. v. Yugo.), I.C.J. No. 91, Judgment of Feb. 26, 2007,
at 30, 60 (separate opinion of Judge ad hoc Krea).
I(J)
In casu consimili. n kas knsml. in ks kansimil. adv. In a similar case.
An alternative formulation of In consimili casu.
In communi. n kmmn. in kamyn. adj. In common. Communal; in

common.
In concreto. n knkrt. in kankrt. adv. In the concrete. (1) Concretely or

palpably thinking or speaking. (2) With reference to actual, verifiable facts,
rather than theoretically. E.g., [T]he peaceful and continuous exercise of
State authority is not in itself a principle of international law, but a mani-
festation of a given unilateral conduct of the State concerned, whose eventual
legal effects ought to be defined in concreto in the light of the various
circumstances and, first of all, of the operating norm of international law
relevant in final analysis to the said unilateral conduct. Land, Island, and
Maritime Frontier Dispute (El Salv. v. Nicar.), 1992 I.C.J. Rep. 351, 677.
Contrast with In abstracto.
In coniunctivis oportet utramque partem esse veram. n knynktws prtt

tramkw partm ss wram. in kanjunctvis uprtet tramkw partum verum.
In conjunctive phrases, it is proper for each part to be true. A maxim
meaning that in phrases containing two or more conditions connected by the
word and or its equivalent, the phrase must be interpreted as requiring all
conditions to be true. In other words, under this maxim, a treaty providing that a
state party must do A, B, and C means that the state party will not have satisfied
its obligations by doing any one or two of A, B, or C, but must instead perform all
three conditions. See also In disiunctivis sufficit alteram partem esse veram.
In consequentiam. n knskwnt-am. in kansekwent-um. adj. In conse-

quence. As a consequence.
In a similar case.
In consimili casu. n knsml kas. in kansimil ks. adv.
In an analogous or similar position, situation, or constellation of facts.
Sometimes abbreviated Consimili casu. An alternative formulation is In
casu consimili. Compare with Ad consimili casu. See also In consimili casu
consimile debet esse remedium.
In consimili casu consimile debet esse remedium. n knsml kas knsml

dbt ss rmd-m. in kansimil ks kansimil debet es remd-um. In a

In dubio haec legis constructio quam verba ostendunt
similar case, the remedy should be similar. A maxim meaning that, in order
for the law to be applied uniformly, claims based on similar facts should give
rise to comparable remedies.
In contractibus tacite insunt quae sunt moris et consuetudinis. n kntrak
tbs takt nsnt kw snt mrs t knswtdns. in kantrkibus tsit insunt
I(J)
kw sunt mris et kanswtdinis. In contracts, matters of custom and course of
dealing are tacitly present. A maxim meaning that contracts should be read
in light of trade customs and past dealings between the parties.
In corpore. n krpr. in krpr. adv. In the body. (1) In person. (2) In the
flesh; specifically present. (3) In substance.
In conventionibus, contrahentium voluntas potius quam verba spectari pla-
cuit. n knwntnbs, ktrahnt-m wlntas pt-s kwam wrba spktar
plak-t. in kanvennibus, kantruhenum valuntas pt-s kwam vrbu spektar
plswit. In agreements, the intentions of the contracting parties are to be
regarded more than their words. A maxim, originating in Justinians Digest
(50.16.219), meaning that the language of an agreement that seems to
disserve the intentions of the parties should be read to conform to those
intentions. But see the Vienna Convention on the Law of Treaties arts. 3132,
May 23, 1969, 1155 U.N.T.S. 331. Contrast with In dubio, haec legis contruc-
tio quam verba ostendunt.
In court. In open court; before a formally

In curia. n kr-a. in kyr-u. adv.
constituted tribunal. Compare with In facie curiae. Contrast with In camera.
In diem. n dm. in dum. adj. To the day. An abbreviation of De die in diem.
In disiunctivis sufficit alteram partem esse veram. n dsynktws sffkt al

tram partm ss wram. in disjunktvis sufsit alterum partum es verum. In
disjunctive phrases, it suffices if either part is true. A maxim meaning that in
phrases containing two or more conditions connected by or, the phrase
must be interpreted as requiring only one of the conditions to be true. For
example, a treaty providing that state parties may take annually no more than
9 megagrams or 5000 specimens of adult salmon from a specific river would
be read under this maxim as exhausting its rights after taking either 9
megagrams or 5000 specimens of salmon, whichever occurs first. See also In
coniunctivis oportet utramque partem esse veram.
In dubio. n db. in db. adj. or adv. In doubt. (1) Having doubts. (2) Of
doubtful or uncertain character.
In dubio haec legis constructio quam verba ostendunt. n db hk lgs
knstrkt kwam wrba stndnt. in db hek lejis kanstruk kwam vrbu

In dubio mitius
astendunt. When in doubt, the construction of the law is the one that the
words indicate. A maxim meaning that when the meaning or intent of a
law, agreement, or treaty is uncertain, the words should be read according to
their plain meaning. See the Vienna Convention on the Law of Treaties art.
31, May 23, 1969, 1155 U.N.T.S. 331. Contrast with In conventionibus, con-
I(J) trahentium voluntas potius quam verba spectari placuit and In verbis non
verba sed res et ratio quaerenda est.
More leniently
In dubio mitius. n db mt-s. in db mius or mit-us.
in case of doubt. (1) The principle that, where the evidence in a criminal case
is ambiguous or uncertain, the defendant should be found not guilty. (2) The
principle that an award or sentence should be reduced where the evidence of
liability or damages does not fully support the claim or prosecution. (3) The
principle that, where there is doubt about the existence of an obligation
under international law, no obligation will be found in order to avoid
limiting state sovereignty.
When in
In dubio pro lege fori. n db pr lg fr. in db pr lej fr.
doubt, in favor of the law of the forum. A maxim meaning that, when the
law applicable to a dispute is uncertain, the law of the forum should be
applied.
When in doubt,
In dubio pro natura. n db pr natra. in db pr nru.
in favor of nature. A maxim meaning that, when in doubt as to whether an
activity harmful to the environment should proceed, the doubt should be
resolved in favor of protecting the environment. This statement reflects to a
degree the precautionary principle commonly adopted in international
environmental law instruments. E.g., However, the interests of Czechoslo-
vakia were of a financial nature, theoretically easy to compensate, whereas
those of Hungary related to the safeguarding of its ecological balance and the
difficult and uncertain struggle against damage to its environment. In dubio
pro natura. Gabcikovo-Nagymaros Project (Hung. v. Slovk), 1997 I.C.J. Rep.
7, 187 ( Judge Herczegh, dissenting).
When in doubt, in favor

In dubio pro reo. n db pr r. in db pr r.
of the defendant. A maxim meaning that, when the applicable laws or the
relevant facts are unclear or ambiguous, all doubt should be resolved in a
manner favorable to the defendant. This maxim is applied most commonly
in criminal cases, but may also apply in civil cases.
In eadem causa. n -adm ksa. in udem kzu. adv. In the same case. (1) In
the same case or legal action. (2) In identical states or conditions.

In facto praestando
In eo quod plus sit semper inest et minus. n kwd pls st smpr nst t m
ns. in kwad plus sit sempr inest et mnus. In the greater is always included
the lesser. A maxim, originating in Justinians Digest (50.17.110), meaning
that a reference to a composite or more general thing always encompasses a
reference to its subdivisions or components. E.g., The parties to the main
proceedings consider that the German authorities were entitled to exclude I(J)
commercial transport from the Regulation. Referring to the principle in eo
quod plus sit, semper inest et minus, they contend that if the second subpara-
graph of Article 1 (1) permits the application of the Regulation to be excluded
for a complete category of transport (namely, urban, suburban and regional
services), it must, a fortiori, permit a limited part of those services to be
excluded. Opinion of Advocate General Leger, Altmark Trans GmbH
v. Nahverkehrsgesellschaft Altmark GmbH, [2003] E.C.R. I-7747, 39. Alter-
native formulations are In maiori stat minus, In toto et pars continetur,
Maior continet (in se) minus, and Omne maior continet in se minus.
In eodem negotio. n dm ngt. in dem neg. adv. In the same

activity. (1) In the same transaction. (2) In the same course of business
conduct.
In being. Currently in effect; currently existing.

In esse. n ss. in es. adv.
E.g., Yet even if a company is no more than a means for its shareholders to
achieve their economic purpose, so long as it is in esse it enjoys an indepen-
dent existence. Barcelona Traction, Light, and Power Company (Belg. v.
Spain), 1970 I.C.J. Rep. 3, 45. Contrast with In posse.
In exitu. n kst. in egzit. adj. or adv. At the end. At issue; at hand.
adv. With extension. Extensively. This

In extenso. n kstns. in ekstens.
ungrammatical term should be avoided. The correct Latin for extensively is
Extense.
adv. In the extreme. (1)

In extremis. n kstrms. in ekstrmis or -ekstremis.
In extreme circumstances. (2) In the final portion; at the end.
In the presence of
In facie curiae. n fak- kr-. in fu kyr-. adj. or adv.
the court. Before a constituted and sitting tribunal. Compare with In curia.
In faciendo. n fak-nd. in fs-end. adj. or adv. In doing. During or through

the performance of an act. An alternative phrase is In facto praestando.
In facto. n fakt. in fkt. adv. In fact. Factually; as a matter of fact.
In facto praestando. n fakt prstand. in fkt prestand. adv. In the furnish-

ing of fact. An alternative phrase for In faciendo.

In favorem debitoris
adv. In favor
In favorem debitoris. n fawrm dbtrs. in fvrem debitris.
of the debtor. A principle of interpretation of legal instruments of credit
whereby ambiguous terms should be construed in the manner most favorable
to the interests or position of the debtor. Compare with Contra proferentem.
In favorem vitae, libertatis, et innocentiae omnia praesumuntur. n fawrm

I(J)
wt, lbrtats, t nnknt- mn-a prsmntr. in fvrem vit, librttis, et
insen amn-u przmuntr. All things are to be presumed to be in favor of
life, liberty, and innocence. A maxim meaning that, in a criminal prosecu-
tion, the defendant should be presumed innocent and at liberty in the
absence of sufficient proof to the contrary.
In fine. n fn. in fn. adv. At the end. (1) Ultimately. (2) In the final analysis.
(3) In summary. (4) At the conclusion. This term is also sometimes used as a
citation signal to indicate that the relevant material is found at the end of the
cited source. E.g., [S]ee Vilvarajah (1992) 14 E.H.R.R. 249, at 108 in fine.
Nnyanzi v. United Kingdom, 47 E.H.R.R. 18, n.19 (2008),
adv. In evident
In flagrante delicto. n flagrant dlkt. in flgrnt dulikt.
crime. Red-handed; during the actual commission of an illegal act. E.g.,
There were reports that in May/June 2000, during the war with Ethiopia,
deserters who were caught in flagrante delicto were executed. Said v. Nether-
lands, 43 E.H.R.R. 14, 23 (2006). Sometimes abbreviated Flagrante delicto.
In foro. n fr. in fr. adj. In the forum. In the forum; before the tribunal.
In the forum
In foro conscientiae. n fr knsk-nt-. in fr kanen. adv.
of the conscience. In ones conscience; according to moral, as opposed to
legal, considerations. E.g., Nothing is more common than confusion be-
tween a rule of law, the penalties of which are to be enforced upon external
evidence, and a rule of morals, which is to have its application settled, as it is
aptly said, in foro conscientiae. 1635 Athenaeum 281, 282 (1859).
adj. or adv. In the external

In foro externo. n fr kstrn. in fr ekstrn.
forum. In a different or foreign forum or jurisdiction. E.g., It seems
obvious that the issue of an act by a single state cannot by itself qualify as a
unilateral act capable of producing legal effects in foro externo. Application of
the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosn. & Herz. v. Yugo.), I.C.J. No. 91, Judgment of Feb. 26, 2007, at 31,
63 (separate opinion of Judge ad hoc Krea).
adv. In the future. (1) At a future time.

In futuro. n ftr. in fyr.
(2) During the future. Compare with De futuro and Pro futuro. Contrast with
In praesenti.

In iure
In kind. (1) Of a general kind.

In genere. n gnr. in jenr or -jenr. adv.
E.g., Article 25 of Decree 2591 of 1991 enables tutela judges, under certain
conditions, to impose in genere or abstract penalties upon violators of
fundamental rights. The quantification of these penalties is left to ordinary
judges, in front of whom plaintiffs must reappear in order to obtain a specific
indemnity. Manuel Jos Cepeda-Espinosa, Judicial Activism in a Violent I(J)
Context: The Origin, Role, and Impact of the Colombian Constitutional Court, 3
Wash. U. Global Stud. L. Rev. 529, 593 n.154 (2004). Contrast with In
specie. (2) In the same kind or class; in similar property, as opposed to in
cash, as when substitute restitution is made. See also Restitutio in genere.
In gremio. n grm. in grem. adj. or adv. In the bosom/lap. In the heart or

center.
adj. or adv. In the lap of the

In gremio legis. n grm lgs. in grem lejis.
law. Under the protection and control of the law. For example, property
held by a court pending a valid claim of ownership is in gremio legis.
+ n. pl. In those words. In the

In haec verba. n hk wrba. in hk vrbu. prep.
identical words used previously. E.g., Turning to the issue of agreement vel
non, Ghana points out that the parties nowhere have referred to, let alone
recited in haec verba, the second clause of Article 25(2)(b). Vacuum Salt
Products, Ltd. v. Ghana, ICSID Case No. ARB/92/1, Award of Feb. 16, 1994,
31. An alternative formulation is Haec verba. Compare with De verbo in
verbum, Ipsis verbis, Ipsissima verba, Totidem verbis, and Verbatim.
In hypothesi. n hpths. in hpayez. adv. In hypothesis. An alternative

formulation of Ex hypothesi.
In infinitum. n nfntm. in infintum. adj. or adv. Into infinity. An alterna-

tive formulation of Ad infinitum.
adj. or adv. In the beginning. At or during the

In initio. n nt. in ini.
beginning. Compare with A limine, Ab initio, and In principio. Contrast with
In ipso termino.
In integrum. n ntgrm. in integrum. adj. In the whole. (1) Entire; in the

entirety. (2) Perfect or complete.
adv. At the end itself. At

In ipso termino. n ps trmn. in ips trmin.
the termination; during or at the end. Contrast with In initio.
adj. or adv. In right. (1) In or according to a legal

In iure. n yr. in jr.
decision or rule of law. (2) Within the scope of a legal right.

In limine
In limine. n lmn. in limin. adv. At the threshold. (1) From the beginning.
(2) At the outset; preliminarily. In a judicial or arbitral setting, a submission
made in limine is presented prior to the commencement of main proceed-
ings. Compare with Ab initio, In initio, and In principio.
I(J) adj. or adv. At the threshold of

In limine litis. n lmn lts. in limin litis.
litigation. Immediately before the commencement of a legal case.
adv. In a straight line. In the

In linea recta. n ln-a rkta. in lin-u rektu.
direct line or path; in a direct line of descendance.
In litem. n ltm. in litem or -ltem. adv. To a lawsuit. (1) During the dispute
or litigation. (2) Involved in a dispute or litigation. (3) Before a court or other
authoritative tribunal.
v. inf. To call to
In litem vocare. n ltm wkar. in litem- or -ltem vkar.
court. (1) To hale before a court. (2) To instigate litigation.
In loco. n lk. in lk.adj. In the place. In the specific place. E.g., This
divergence of fundamental standpoints between the Parties is reflected in their
attitudes as to what extent their contentions depend on the evidence. Contrary
to the Applicants attitude in denying the necessity of calling witnesses and
experts and of an inspection in loco, the Respondent abundantly utilized
numerous witnesses and experts and requested the Court to visit South West
Africa, South Africa and other parts of Africa to make an inspection in loco.
South West Africa Cases (Eth. v. S. Afr.; Liber. v. S. Afr.), 1966 I.C.J. Rep. 6, 302
( Judge Tanaka, dissenting).
In the place of the parent.

In loco parentis. n lk parnts. in lk purentis.
In the capacity of a guardian or protector. When a state acts on behalf of one
or more of its citizens, and not on its own behalf, in a foreign or international
tribunal or other legal or political forum, it is often said to act in loco parentis.
Compare with Parens patriae.
In maiori stat minus. n mayr stat mns. in mujr stt mnus. In the greater is
the lesser. An alternative phrase for In eo quod plus sit semper inest et
minus. E.g., Italy established several zones of ecological protection, where
only some of the powers set out for the EEZ are to be exerted in accordance
with the in maiore stat minus principle. Angela del Vecchio Capotosti, In
Maiori Stat Minus: A Note on the EEZ and the Zones of Ecological Protection
in the Mediterranean Sea, 39 Ocean Dev. & Intl L. 257, 293 (2008).
In malam partem. n malam partm. in mlum partem. adj. In an evil sense.

Having an ill will or intention. Compare with Mala fide.

In pari delicto potior est condicio defendentis
adv. Into the middle of the

In medias res. n md-as rs. in md-us res.
thing. (1) In the middle of a proceeding, without formal introduction or
preparation. (2) Abruptly.
In memoriam. n mmr-am. in memr-um. adv. In the memory. In dedica-
tion to the memory of a deceased or departed person or thing. I(J)
In mercibus illicitis non sit commercium. n mrkbs llkts nn st kmmr
k-m. in mrsibus ilisitus nan sit kumrum. Let there be no trade in illicit
merchandise. A maxim meaning that a contract relating to or for the sale of
contraband should be considered void.
In mitiori sensu. n mtr sns. in mir sens. adv. In the milder sense. In
an inoffensive or more favorable sense or meaning. An alternative formula-
tion is Mitiori sensu.
In mora (esse). n mra (ss). in mru (es). adj. (To be) in delay.
(1) Delayed. (2) In default by failure to act in a timely manner.
In omnibus. n mnbs. in amnibus. adv. In all things. Entirely; completely;
in every manner.
adv. In a balanced case. In a case in
In pari causa. n par ksa. in par kzu.
which the opposing parties have or present equally persuasive facts or arguments.
In pari causa possessor potior haberi debet. n par ksa pssssr ptr hab
r dbt. in par kzu pzesr ptr hbr debet. In a balanced case, the
possessor should be regarded as the stronger. A maxim, originating in
Justinians Digest (50.17.128), meaning that, when two parties have equal
claim to property, the claims of the one currently in possession should be
preferred. Alternative phrases are In pari causa potior est condicio possi-
dentis, In pari delicto potior est condicio possidentis, Melior est causa
possidentis, and Melior est condicio possidentis.
In pari causa potior est condicio possidentis. n par ksa ptr st kndk
pssdnts. in par kzu pt-r est kundi psidentis. When the parties have
equal claims, the possessors position is more compelling. An alternative
phrase for In pari causa possessor potior haberi debet.
adj. Equally at fault. Having
In pari delicto. n par dlkt. in par dulikt.
equal liability; having acted with equal wrongfulness; having equally con-
tributing to an injury. This phrase is sometimes used as an abbreviation of In
pari delicto potior est condicio defendentis. Compare with Par delictum.
In pari delicto potior est condicio defendentis. n par dlkt ptr st knd
k dfndnts. in par dulikt pr est kundi dufendntis. When the parties

In pari materia
are equally at fault, the defendants position is more compelling. An alter-

native phrase for In pari causa possessor potior haberi debet. See also In pari
delicto potior est condicio possidentis.
adv. On equal subject

In pari materia. n par matr-a. in par matr-u.
matter. (1) A canon of legal document interpretation by which two or
I(J)
more relevant instruments should be interpreted as consistent with each
other whenever reasonably possible. (2) Having jurisdiction with respect to
the same subject matter; having concurrent jurisdiction. See also Optimus
interpretandi modus est sic leges interpretari ut legibus concordant .
adv. At equal pace. (1) Simulta-

In pari passu. n par pass. in par ps.
neously. (2) Proceeding together in synchronicity. An alternative formula-
tion is A pari passu.
In perpetuum. n prpt-m. in prpe-um. adj. or adv. In perpetuity.
(1) Permanently. (2) Continuously and indefinitely. (3) In perpetuity. Com-
pare with In aeternum.
In personam. n prsnam. in prsnum. adj. or adv. Upon the person. Relat-
ing to a person or a persons rights or obligations. Jurisdiction in personam
relates to jurisdiction by reason of the tribunals power over the respondent
himself. Contrast with In rem and Quasi in rem.
In fullness. In plenary session, as when the
In pleno. n pln. in plen. adv.
entire membership of a court divided into chambers sits together (en banc) to
hear the same case. E.g., Lord Phillimore succeeded in convincing the
members that the Court should always sit in pleno so as to make use of all
of its resources. W. Michael Reisman, Nullity and Revision 456 (1971).
In poenalibus causis benignius interpretandum est. n pnalbs kss bng
n-s ntrprtandm st. in pnlibus kzis bunign-us intrpretndum est. In
penal cases, the more forgiving interpretation should be made. A maxim
meaning that in criminal cases the prosecution must present compelling
evidence in favor of guilt, as the defendant benefits from a strong presump-
tion of innocence.
In posse. n pss. in pas. adv. In capability. (1) Potentially existing or
coming into effect. (2) Not yet existing or having effect but containing the
possibility of doing so. Compare with In potentia. Contrast with In esse.
In potentiality. (1) Potential;
In potentia. n ptnt-a. in ptenu. adj. or adv.
potentially. E.g., As regards the pactum de compromittendo, international law
has made certain progress in developing the formulas regulating passage
from arbitration in potentia to arbitration in actu, particularly in respect of the

In re minime dubio
appointment of arbitrators by the act of a third party. Advisory Opinion on

Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania,
1950 I.C.J. Rep. 221, 248 ( Judge Azevedo, dissenting). Contrast with In
actu. (2) Theoretical; theoretically. Compare with In posse. Contrast with
De facto.
I(J)
adv. In the present time. (1) In the
In praesenti. n prsnt. in przent.
present era. (2) Currently. Contrast with In futuro.
adv. Principally; especially. (1) Mainly; pri-

In primis. n prms. in primis.
marily. (2) Most importantly; especially. (3) First; among the first. An
alternative term is Imprimis.
In the beginning. At the begin-

In principio. n prnkp. in prinsip. adv.
ning. Compare with Ab initio, In initio, and In limine.
In quantum meruit. n kwantm mrt. in kwantum mr-it. adv. In the

amount deserved. In an amount equal to that which the claimant is owed,
usually for the value of an uncompensated benefit conferred on the respon-
dent. E.g., Princz sought compensatory and punitive damages, as well as the
value in quantum meruit of his [forced] labor at the I.G. Farben and
Messerschmidt plants. Princz v. Federal Republic of Germany, 26 F.3d
1166, 1177 (D.C. Cir.), cert. denied, 513 U.S. 1121 (1994). Compare with In
quantum valeat. See also Quantum meruit.
In quantum valeat. n kwantm wal-at. in kwantum vl-t. adj. In the amount

it is worth. To the extent of its value; for what it is worth. Compare with In
quantum meruit.
In re. n r. in r. adv. In the matter. With reference to or concerning a matter

(to be named or described). Compare with In rebus.
In re ipsa. n r psa. in r ipsu. adj. or adv. In the very same thing. (1) Inherent
(ly); by itself and without intermediation. (2) In the very same matter.
In re minime dubio. n r mnm db. in r minim db. adv. In a matter

of the least doubt. Whenever the evidence is so exceptionally strong as to
leave little or no doubt of the facts. E.g., [A reprisal for an unlawful taking of
prize is justified only in] case of violent injuries, directed or supported by the
State, and justice absolutely denied, in re minime dubio by all the Tribunals
and afterwards by the prince. Report of the British Law Officers, on the Rules
of Admiralty Jurisdiction, &c. in Time of War, 20 Brit. & Foreign State
Papers 889, 89293 (183233).

In rebus
adv. In the thing. In the matter; in the case at

In rebus. n rbs. in rbus.
hand or under discussion. Compare with In re.
In rem. n rm. in rem. adj. or adv. Upon the thing. Relating to a thing, as
opposed to a person. A tribunal may exercise in rem authority to adjudicate
I(J)
matters relating to property situated within the tribunals territorial jurisdic-
tion. E.g., Thus the court of the owners domicil or of his actual situs will
not assume jurisdiction, in a proceeding in rem, over chattels actually situated
in another jurisdiction. Raleigh C. Minor, Conflict of Laws; or, Pri-
vate International Law 274, 120 (1901). Contrast with In personam
and Quasi in rem.
In republica maxime conservanda sunt iura belli. n rpblka maksm kn-

srwanda snt yra bll. in republiku mksim kansrvndu sunt jru bel. In
the state the laws of war are especially preserved. A maxim meaning that
states should take special care to enforce the international law of war (ius in
bello) with its domestic civil or military legal system. The maxim especially
reaffirms the subjection of persons accused of violating the laws of war to
military justice.
In rigore iuris. n rgr yrs. in rigr jris. adv. In the laws strictness. An
alternative formulation of De rigore iuris.
In (its) place. In the place where a thing belongs

In situ. n st. in sit. adj.
or an event normally occurs. E.g., The [1992 Biodiversity] Convention notes
further that one of the fundamental requirements for the conservation of
biological diversity is in situ conservation, defined as the conservation of
ecosystems and natural habitats and the maintenanceof viable populations
of species in their natural surroundings. Kasikili/Sedudu Island (Bots. v.
Namib.), 1999 I.C.J. Rep. 1045, 1182, 87 (Vice President Weeramantry,
dissenting). Contrast with Ex situ.
In specie. n spk-. in sp. adv. In the specific kind. In a specific kind or

class. Contrast with In genere.
adj. In a state of
In statu libertatis. n stat lbrtats. in st librttis.
freedom. Having no obligations or constraints. See also Status libertatis.
In statu nascendi. n stat nasknd. in st nusend. adj. In the

state of being
born. In the middle of the process of coming into existence, as when a treaty
is being negotiated and has not yet been finalized or an organization is in the
process of being formed. E.g., The Joint Session of the SFRY Assembly, the
National Assembly of the Republic of Serbia and the Assembly of the
Republic of Montenegro was not constituted as the Parliament of the Federal

In traiectu
Republic of Yugoslavia; rather it was a body of representatives in statu

nascendi. Application of the Convention on the Prevention and Punishment of
the Crime of Genocide (Bosn. & Herz. v. Yugo.), I.C.J. No. 91, Judgment of
Feb. 26, 2007, at 31 64 (separate opinion of Judge ad hoc Krea).
In statu quo. n stat kw. in st kw. adj. or adv. In that status. In the I(J)
current condition or status. Contrast with In statu quo ante. See also Status quo.
adj. or adv. In that

In statu quo ante. n stat kw ant. in st kw nt.
former status. In the same condition or status that previously existed.
Contrast with In statu quo. See also Status quo ante.
In tantum. n tantm. in tntum. adv. In so much. An alternative formulation

of Pro tanto.
In terminis. n trmns. in trminis.adv. In terms. Using express language;

explicitly rather that implicitly. E.g., [I]t is scarcely admissible that the
Umpire should have misunderstood the text [of the agreement between the
parties to review a prior arbitral award]by failing to appreciate the connec-
tion between the concession in question and the exterior navigation, the
Umpire having decided in terminis that the permission to navigate these
channels was only annexed to the permission to call at Trinidad Orinoco
Steamship Company Case (U.S. v. Venez.), 11 R.I.A.A. 237, 239 (1910) (Award).
In terrorem. n trrrm. in terrem. adv. Toward fear. Creating fear, espe-

cially to deter violations of the law or other undesirable acts. E.g., [T]he US
makes the rather extravagant claim that if section 45 patents are excluded
from the Agreement then all forms of intellectual property that existed prior
to the application date would receive absolutely no protection under TRIPS
and then advances in terrorem arguments that Members could revoke, for
no reason at all, patents issued before January 1996 and still remain in
compliance with TRIPS. CanadaTerm of Patent Protection, Panel Report
of May 5, 2000, WTO Doc. No. WT/DS170/R, at 112.
In toto. n tt. in tt. adv. In all. (1) In totality; completely. (2) Generally;
on the whole.
In toto et pars continetur. n tt t pars kntntr. in tt et parz kantinetr.

The part is also included in the whole. An alternative phrase for In eo quod
plus sit semper inest et minus. This formulation originates in Justinians
Digest (50.17.113).
In traiectu. n traykt. in trujekt. adj. or adv. In the passage. An alternative

formulation is Intra traiectum.

In transitu
adj. In transit. In the process of being

In transitu. n transt. in trnzit.
transported from one place to another. E.g., A somewhat similar question
has arisen with respect to property acquired by either consort, while the
married pair are actually in transitu from one State to another, having
abandoned one domicil and not yet reached the other. Raleigh C. Minor,
I(J) Conflict of Laws; or, Private International Law 178, 81 (1901).
In vacuo. n wak. in vky. adv. In a vacuum. Without consideration of

context. E.g., The Court is entitled to presumethat [the respondents]
statements were not made in vacuo, but in relation to the tests which
constitute the very object of the present proceedings. Nuclear Tests (Austl.
v. Fr.), 1974 I.C.J. Rep. 252, 50 ( Judgment). Compare with In abstracto.
In verbis non verba sed res et ratio quaerenda est. n wrbs nn wrba sd rs
t rat kwrnda st. in vrbis nan vrbu sed res et r kwrendu est. In
phrasing, the substance and rationale, not the words, is sought. A maxim
meaning that, in construing a legal instrument, undue attention should not
be paid to the precise phrasing at the expense of the meaning and intent. But
see the Vienna Convention on the Law of Treaties arts. 3132, May 23, 1969,
1155 U.N.T.S. 331. Contrast with In dubio, haec legis constructio quam
verba ostendunt. See also In conventionibus, contrahentium voluntas
potius quam verba spectari placuit.
adj. In chains. In the custody of autho-

In vinculis. n wnkls. in vinkylis.
rities, most commonly said of one awaiting criminal trial.
Inadimplenti non est adimplendum. nadmplnt nn st admplndm. ind-

implent nan est dimplendum. There is no need to perform for one who has
not performed. A maxim meaning that one who reneges on a legal obliga-
tion cannot invoke the law to force other parties to fulfill their own,
reciprocal obligations. See also Exceptio inadimplenti contractus and Non
adimplenti contractus.
The other part

Inaudita altera parte. ndta altra part. inditu altru part.
not having been heard. Not in the presence of the other or opposing party.
This phrase is often used as a procedural expression, as when a prosecution
brings proceedings inaudita altera parte against an unavailable criminal
defendant. E.g., The judicial authorities shall have the authority to adopt
provisional measures inaudita altera parte where appropriate, in particular
where any delay [in the enforcement of intellectual property rights] is likely
to cause irreparable harm to the right holder, or where there is a demonstra-
ble risk of evidence being destroyed. Agreement on Trade-Related Aspects

Infra (citatum)
of Intellectual Property Rights art. 50(2), Apr. 15, 1994, 33 I.L.M. 81. An
alternative phrase is Parte inaudita. Compare with Ex parte.
Incidenter tantum. nkdntr tantm. insidentr tntum. So much incidental-
ly. Purely incidentally. E.g., Gariboldicontended that, should the
Court of Justice find that the defendant is in any way liable under the contract
I(J)
de quo, [then the Court should] declare that henceforth (incidenter tantum)
Orzya Srl is neither concerned nor liable in that it was not the defendants sole
shareholder during the period in which the obligation in question arose.
Opinion of Advocate General Saggio, Commission of the European Commu-
nities v. Cascina Laura Sas de Arch Aldo Delbo & C., [1999] E.C.R. I-1017, 15.
Incivile. nkwl. insivil. adj. Irregular. Not following or having followed
proper legal procedures.
Incorporalia bello non adquiruntur. nkrpral-a bll nn adkwrntr. inkr-
prl-u bel nan adkwiruntr. Incorporeal things are not acquired by war. A
maxim meaning that the advent of war cannot nullify peacetime rights and
obligations, but only suspend them until the restoration of peace.
Inde datae leges ne fortior omnia posset. nd dat lgs n frtr omn-a ps
st. ind dt lejz n frt-r amn-u pset. So he gave them laws, lest the
stronger be all-powerful. A quotation from Ovids Fasti referring to the
decision of an early Roman king (Numa) to restrain the Romans with law
because they were overly prone to war. The quotation is sometimes used to
convey the notion that it is the purpose of laws to limit political power,
military power, or physical force.
Indicium. ndk-m. indium. Mark. A mark; an indicator; a sign. E.g.,
The circumstance, then, which is taken for the indicium of sovereignty on
the one part, and the subjection on the other, should not be a situation,
which at any time may change, but an event. Jeremy Bentham, The Prin-
ciples of International Law: Essay II, in 2 The Works of Jeremy Bentham
543 ( John Bowring ed. 1843).
Indutiae. ndt-. indt-. n. Truce. (1) An armistice. (2) A cessation of
hostilities; a truce.
Below. Below; subsequent(ly). The term infra
Infra. nfra. infru. adj. or adv.
is commonly misused to mean within. The proper term for within is
Intra. For the use of the term infra as a citation signal, see Infra (citatum).
Infra (citatum). nfra (ktatm). infru (sttum). adj. (Cited) below. A citation
signal used to refer the reader to a statement made at a point later or below in
the text in which the signal appears. E.g., This difficulty in identifying

Infra civitatem
reliable base points is compounded by the differences, addressed more fully,

infra, that apparently still remain between the Parties. Territorial and
Maritime Dispute in the Caribbean Sea (Nicar. v. Hond.), I.C.J. Case No.
120, Judgment of Oct. 8, 2007, 279, 46 I.L.M. 1053. Compare with Post.
Contrast with Supra (citatum).
I(J)
Infra civitatem. A misspelling of Intra civitatem.
Infra iurisdictionem. A misspelling of Intra iurisdictionem.
Infra legem. nfra lgm. infru lejem. adj. or adv. Under the law. (1) In a
manner consistent with accepted law; legally permissible. (2) Subject to
limited discretion within the bounds of the law; as in the phrase Aequitas
infra legem. E.g., The fewer the points (or points of reference) involved in
[the] definition [of a frontier line], the greater the courts degrees of freedom
(in the statistical sense). And it is here that considerations of equity infra
legemcome into play, to guide the court in the exercise of this freedom when
interpreting and applying the law and the legal titles involved. Frontier
Dispute (Burk. Faso v. Mali), 1986 I.C.J. Rep. 554, 15 (separate opinion of
Judge Abi-Saab). Contrast with Contra legem and Praeter legem.
Infra petita. nfra ptta. infru pettu. adj. Less than what was requested. An
award in an amount or otherwise of a nature less than what was sought by the
claimant. E.g., Barbados stated clearly that its submissions in respect of its
claim to a right to fish within the EEZ of Trinidad and Tobago were made
on the basis that such a right could be awarded by the Tribunal as a remedy
infra petita in the dispute concerning the course of the maritime boundary.
Barbados v. Trinidad & Tobago, Perm. Ct. Arb., Award of Apr. 11, 2006,
277, 45 I.L.M. 800, 846. An alternative phrase is Minus petita.
Infra praesidia. nfra prsd-a. infru przid-u. adj. Under the fortifications.
An alternative term for Intra praesidia.
Iniquissima pax est anteponenda iustissimo bello. nkwssma paks st ant-
pnnda ystssm bl. inukwisimu pks est ntpunendu justisim bel. The
most unfair peace is preferable to the most just war. A rhetorical maxim
meaning that a state should resort to armed force only when no other option
is available, even if this creates an ongoing injustice.
Iniuria. nyr-a. injr-u. n. [pl. Iniuriae. nyr-. injr-.] Injury. A wrong-
ful or injurious act.
Iniuria absque damno. nyr-a abskw damn. injr-u bskw dmn.n. In-
jury without wrong. (1) A wrongful act that causes no actual damages, and
therefore will give rise to at most a symbolic remedy such as apology. (2) A

Instrumentum
wrongful act, the definition of which does not include damage as an essential
element. An alternative phrase is Iniuria sine damno. Contrast with Damnum
absque iniuria.
Iniuria non excusat iniuriam. nyr-a nn ks-ksat nyr-am. injr-u nan

eks-kyzt injr-um. A wrong does not excuse a wrong. A maxim of I(J)
dubious general application meaning that an illegal act by one state cannot
justify an illegal act in retaliation by the other. This maxim is obviously not
accepted as reflecting law in the matter of belligerent reprisals except for those
reprisals forbidden by the 1949 Geneva Conventions and the 1977 Additional
Protocols. Even today, the maxim runs contrary to the custom of using counter-
measures to enforce international legal rights in some situations, especially when
authorized by treaty.
One
Iniuria non fit volenti. nyr-a nn ft wlnt. injr-u nan fit vulent.
consenting is not injured. A principle according to which a party that
consents to receive a harm or to risk receiving a harm cannot claim to be
the victim of an offense after the expected harm results.
Iniuria propria non cadet in beneficium facientis. nyr-a prpr-a nn kadt

n bnfk-m fak-nts. injr-u prapr-u nan kdet in benufium fentis.
Ones own wrong does not fall to the advantage of the wrongdoer. An
alternative phrase for Nullus commodum capere (potest) de sua iniuria
propria.
Iniuria servi dominum pertingit. nyr-a srw dmnm prtngt. injr-u

srv daminum prtiit. A servants wrong extends to his master. A maxim
meaning that a principal may be held liable for his or her agents violation of
law, even though the principal may not have authorized the wrongful act. See
also Qui facit per alium, facit per se and Respondeat superior.
n. Wrong
Iniuria sine damno. nyr-a sn damn. injr-u sin dmn.
without injury. An alternative phrase for Iniuria absque damno.
Instanter. nstantr. instntr. adv. Pressingly; vehemently. Without delay; as

a matter of urgency. E.g., This motion was accompanied by a separate
motion filed the same day, in which the Defence sought leave to file the
former motion instanter. Prosecutor v. Furundzija, ICTY Case No. IT-95-
17/1-T, Judgment of Dec. 10, 1998, 9, 38 I.L.M. 317, 322.
Instrumentum. nstrmntm. instrmentum. n. Instrument. (1) Generically,

an instrument; a means or tool for achieving something. (2) A legal docu-
ment, such as a treaty, statute, or contract.

Inter absentes
adj. Between those absent.

Inter absentes. ntr absnts. intr bsents.
Relating to persons or entities not present at an event or not involved in a
matter at issue.
Among others. Among other things.

Inter alia. ntr al-a. intr l-u. adv.
I(J) The use of inter alia indicates that things other than those named may also
exist or be material. By implication, the subset named is either more relevant
to the issue under discussion or merely serves as an example of the larger set
not fully listed. E.g., Trinidad and Tobago refers to scholarly commentary
for support of its view, as well as to the text of UNCLOS itself, where it
points out, inter alia, that sedentary species, unlike other living marine
natural resources, are deemed part of the continental shelf under Article 77,
as they had been prior to the adoption of the Convention. Barbados v.
Republic of Trinidad & Tobago, Permanent Ct. of Arb., Award of Apr. 11,
2006, 175, 45 I.L.M. 800, 828 (2006). Compare with Inter alios.
Inter alios. ntr als. intr ls. adj. Among other persons. Among other
persons. Compare with Inter alia.
adv. Between the

Inter apices iuris. ntr apks yrs. intr pisez jris.
extremes of law. (1) Relating to an extreme interpretation of law or an
interpretation of law that causes great hardship to one or more parties.
E.g., Be this case as it may, it is the only exception to the general doctrine;
and inter apices juris; a case so unjust as that which robbed an unfortunate
woman not only of the moiety which vested in her by survivorship from her
husband, but of the other moiety absolutely vested in her by grant, I am glad
to find is a judicial anomaly. United States v. 1,960 Bags of Coffee, 12 U.S. (8
Cranch) 398, 412 (1814). (2) Relating to an unusually subtle point of law.
Inter arma silent leges. ntr arma slnt lgs. intr armu slent lejz. Among
arms, laws are silent. A maxim meaning that, during a military emergency,
civil laws may be suspended in deference to the national interest in self-
defense. Although this aphorism might seem to suggest that, during armed
conflicts, the rule of law is seldom or never observed, the phrase self-
evidently does not originate in international law but rather in municipal
law. An alternative formulation is Silent leges inter arma.
Inter Caetera Divinae. ntr ktra dwn. intr setru divn.N. Among
otherto the Divine The title to a papal bull from 1493 issued by Pope
Alexander VI purporting to divide hegemony over the New World between
Catholic Spain and Portugal. The title consists of the first three words of the
bulls opening phrase: Inter caetera Divinae Majestati beneplacita opera.
(Among other works well pleasing to the Divine Majesty.).

Inter partes
Inter fauces terrae. ntr fks trr. intr fsez ter. adv. Between the jaws of
the land. An alternative formulation of Inter fauces terrarum.
Between
Inter fauces terrarum. ntr fks trrarm. intr fsez terarum. adv.
the jaws of the lands. Nearly enclosed or surrounded by dry land, as when
the mouth of a bay is very small relative to the size of the bay because I(J)
the littoral lands almost meet where the bay adjoins the open ocean. E.g.,
[T]here is no valid reason to draw [straight baselines] only across baysand
not also to draw them between islands, islets and rocks, across the sea areas
separating them, even when such areas do not fall within the conception of a
bay. It is sufficient that they should be situated between the island forma-
tions of the [rocky coastal outcroppings], inter fauces terrarum. Norwegian
Fisheries Case (U.K. v. Nor.), 1951 I.C.J. Rep. 116. An alternative formulation
is Inter fauces terrae. See also Fauces terrae.
Between nations. A Latin term for
Inter gentes. ntr gnts. intr jentz.
the concept of international. Thus, international law, or the law of nations
as it was until recently called, was translated as ius inter gentes.
Inter instrumenta regni. ntr nstrmnta rgn. intr instrmentu regn.
adv.
Among the rulers instruments. Among other means that a state or sover-
eign may use or typically uses in the exercise of its power. E.g., It is not
necessary to repeat that at the time, and especially in the countries treated of
here, the preaching and propagation of faith was inter instrumenta regni
and which refers to that kind of solidarity between Church and State which
existed in Mexico under the Colonial Government, and a long time after
that country became independent. The Pious Funds Case (Mex. v. U.S.),
Perm. Ct. Arb. Award of Oct. 14, 1902, H.C.R. (Series 1), at 29 (Scott 1916).
Inter pacem et bellum nihil medium. ntr pakm t bllm nhl md-m. in
tr psem et belum nhil md-um. There is no middle course between peace
and war. A maxim from Ciceros Phillipics meaning that states can be either
in a state or war or of peace, but not in between. This observation was made
arguably before the concept of armed conflict short of war between states was
widely recognized as giving rise to specific legal consequences.
Among equals. Among persons or
Inter pares. ntr pars. intr prz. adv.
entities having equal stature or position.
Between parties. Between
Inter partes. ntr parts. intr partz. adj. or adv.
parties relevant to or involved in the matter at hand, as opposed to between
either party (or both) and a third party, or between either party (or both) and
the community at large. E.g., [The 1648 Treaty of Mnster between the
United Netherlands and Spain] cannot be invoked as having transformed a

Inter se
state of possession into a conventional title inter partes, for the reason that
Dutch possession of the island Palmas (or Miangas) is not proved to have
existed at the critical date. The Island of Palmas Case (U.S. v. Nether.),
Perm. Ct. Arb., Award of Apr. 4, 1928, H.C.R. (2d series), at 122 (Scott
1932). Contrast with Ex parte.
I(J)
adj. or adv. Between themselves. (1) Between the
Inter se. ntr s. intr s.
relevant parties. E.g., [A] reservation [to a treaty by one party with respect
to a specific other party] does not modify the provisions of the treaty for the
other parties to the treaty inter se. Vienna Convention on the Law of
Treaties art. 21(2), May 23, 1969, 1155 U.N.T.S. 331. (2) A doctrine formerly
recognized that denoted the position of the British Empire refusing to
recognize that international law applied in relations among members of
the British Commonwealth. This doctrine was ultimately abandoned when
members of the Commonwealth gained most of the attributes of indepen-
dent sovereignty. Compare with Inter sese.
Inter sese. ntr ss. intr ss. adj. or adv. Between themselves. Relating to
the relevant parties. Inter sese differs from inter se stylistically, not in mean-
ing. Inter sese emphasizes the identities of parties more than inter se. Compare
with Inter se.
Interest rei publicae ut sit finis litium. ntrst r pblk t st fns lt-m.
intrest r publik t sit finis lium. The public interest of a matter so that a
litigation should end. An alternative phrase for Expedit rei publicae ut sit
finis litium.
Interpretare et concordare leges legibus est optimus interpretandi modus.

ntrprtar t knkrdar lgs lgbs st ptms ntrprtand mds. in-
trpretar et kankrdar lejz lejibus est aptimus intrpretnd mdus. To inter-
pret and harmonize laws is the best method of interpretation. A maxim
meaning that, whenever possible, laws of equal authority should be read in a
manner that will not bring them into conflict with each other.
Intra. ntra. intru. adv. or prep. Within. Within; in; inside. See also Infra.
Intra civitatem. ntra kwtatm. intru sivittem. adj. or adv. Within the state.
Inside the territory (of the state). See also Intra iuridictionem.
Intra iurisdictionem. ntra yrsdktnm. intru jrisdiknum. adj. or adv.
Within the jurisdiction. Within the jurisdiction (of). See also Intra civitatem.
Intra praesidia. ntra prsd-a. intru przid-u. adj. Within the fortifications.
A term descriptive of maritime prizes that have been brought completely in
the control of the capturing powers port, vessels, or fleet and that, by such

Ipsissima verba
capture, become the property of the captor. The term derives from the
Roman law concept referring to capture of soldiers by an enemy. A soldier
intra praesidium was considered in a sense dead under Roman law, and his
civil and property rights were suspended until his return from captivity. See also
Postliminium and Spes recuperandi. An alternative term is Infra praesidia.
I(J)
adj. or adv. Within the
Intra traiectum. ntra trayktm. intru trujektum.
passage. During or on the voyage. An alternative formulation is In traiectu.
Intra vires. ntra wrs. intru vrz. adj. or adv. Within the powers. (1) Within
the scope of the legal authority. An agents promise intra vires may impose a
binding obligation on the principal if it is within the apparent scope of the
agents authority, and an agents wrongful act intra vires may give rise to liability
on the part of the principal under the same conditions. (2) Not illegal or
extralegal. E.g., [A]s a simple textual matter, an amendment to the Statutes
[of the defendant bank] accomplished according to the procedures required
by [the Statutes] would be intra vires and valid so long as it were not
inconsistent with one of the enumerated reserved provisions. Bank for
International Settlements Arbitration, Perm. Ct. of Arb., Partial Award of
Nov. 22, 2002, at 66, 144. Compare with Colore officii. Contrast with Ultra
vires.
Ipse. ps. ips. n. The same. (1) The same. (2) The very person or the very
thing.
v. (commonly used as a n.) He himself
Ipse dixit. ps dkst. ips diksit.
said. (1) A tautological statement. (2) An assertion made or written without
evidence or proof, relying on no other authority than the speaker or authors
own opinion.
Ipsis verbis. pss wrbs. ipsis vrbis. adv. In the same
words. In the precise
words used in the relevant source. E.g., [T]he Community legislature
prohibited, ipsis verbis, the use of weapons with a magazine capable of
containing more than two rounds of ammunition. Opinion of Advocate
General Vilaa, Commission v. Italy, E.C.J. Case No. 262/85, [1987] E.C.R.
3073. Compare with De verbo in verbum, In haec verba, Ipsissima verba,
Totidem verbis, and Verbatim.
Ipsissima verba. psssma wrba. ipsisimu vrbu. n. pl. (sometimes used as an

adv.) The very same words. (1) The exact words used by a quoted source.
E.g., Hence, if Article 3 is interpreted literally, any infliction of pain severe
enough in degree to amount to torture would involve a breach of that
provision whatever the circumstances in which it had occurredfor in-
stance, the case of an army surgeon who amputates a leg on the battlefield

Ipso facto
under emergency conditions and without an anaesthetic. In all such cases

(and others can easily be thought of), the victim is, according to the
ipsissima verba of Article 3, subjected to torture which the Article states
that No one may be. Tyrer v. United Kingdom, 2 E.H.R.R. 1, 17 (197980)
(separate opinion of Judge Fitzmaurice). (2) A literal translation. Compare
I(J) with De verbo in verbum, In haec verba, Ipsis verbis, Totidem verbis, and
Verbatim.
By the fact itself. By virtue of the fact

Ipso facto. ps fakt. ips fkt. adv.
alone and without other, intervening, facts; by the very nature of the facts.
E.g., A State Party may, upon depositing its instrument of ratification or
adherence to this Convention, or at any subsequent time, declare that it
recognizes as binding, ipso facto, and not requiring special agreement, the
jurisdiction of the Court on all matters relating to the interpretation or
application of this Convention. American Convention on Human Rights
art. 62(1), July 18, 1978, 1144 U.N.T.S. 123. Compare with De plano and
Eo ipso.
adv. By the right itself. By straightforward

Ipso iure. ps yr. ips jr.
application of a right, without the need to apply any additional interpretation
or supplemental law. E.g., [I]t is solely by virtue of the coastal States
sovereignty over the land that rights of exploration and exploitation in the
continental shelf can attach to it, ipso jure, under international law. Aegean
Sea Continental Shelf (Greece v. Turk.), 1978 I.C.J. Rep. 3, 36, 86.
Irredenta. rrdnta. irudentu. n. Ital. Unredeemed place. A region related

historically, ethnically, or linguistically to a state other than the one exercis-
ing sovereignty over the region. For example, Germany used alleged abuses
of the irredenta in Poland as an excuse for invading and occupying Poland
the act that instigated the Second World War.
Thus is the law

Ita lex scripta est. ta lks skrpta st. itu leks skriptu est.
written. A phrase, originating in Justinians Digest (40.1.12.1), indicating
that the foregoing words recited are the literal expression of a written or
codified law. In their original context, the phrase follows an acknowledg-
ment that the consequences of strictly applying the law may be very harsh,
sed ita lex scripta est (but thus is the law written).
Item quae ex hostibus capiuntur, iure gentium statim capientium fiunt. tm

kw ks hstbs kap-ntr, yr gnt-m statm kap-nt-m fnt. tum
kw hstibus kp-untr, jr jent-um sttim kp-ent-um funt. Likewise,
property that is captured from the enemy immediately becomes the property
of the captor under the law of nations. A maxim, originating in Justinians

Iudex non reddit plus quam quod petens ipse requirit
Digest (40.1.5.7), meaning that, under the laws of war, any property of
one belligerent captured by the other becomes the captors own lawful
property. This maxim is considered invalid under the modern laws of
war, which forbid pillage and aggressive war for territorial conquest. An
alternative formulation is Quae ab hostibus capiuntur, statim capientium
fiunt. I(J)
n. [pl. Iudices. ydks. jdisz.] Judge. (1) Arbitrator.

Iudex. ydks. jdeks.
(2) Judge. In Roman practice, a iudex was a private person appointed by a
magistrate to hear and decide a case on the magistrates authority.
n. Judge from which. The judge or
Iudex a quo. ydks a kw. jdeks a kw.
court from whom an appeal is taken. Compare with Iudex ad quem.
Iudex ad quem. ydks ad kwm. jdeks d kwem. n. Judge to which. The judge
or court to whom an appeal is or should be directed. Compare with Iudex a quo.
Iudex aequitatem semper spectare debet. ydks kwtatm smpr spktar
dbt. jdeks ekwitatem sempr spektar debet. A judge should always look to
equity. A maxim meaning that a tribunal should always consider equity in
its judgments or decisions rather than relying exclusively on the positive law.
Iudex corruptus. ydks krrpts. jdeks kruptus. n. Corrupt judge.
A judge or arbitrator who has received bribes, committed fraud, or engaged
in corruption. Any decision of a iudex corruptus is invalid. Compare with
Iudex suspectus.
Iudex decidere debet. ydks dkdr dbt. jdeks desdr debet. The judge
should decide. A maxim meaning that the judicial or arbitral tribunal
charged with resolving a dispute should decide all questions raised in the
claim that are within its jurisdiction. E.g., A judge does not fulfil his judicial
duty ( judex decidere debet) if he fails to give a decision on one of the causae
petendi of the application (non est judex minus petita partium). Advisory
Opinion on the Application for Review of Judgement No. 158 of the United
Nations Administrative Tribunal, 1973 I.C.J. Rep. 166, 291, 41 ( Judge De
Castro, dissenting). Compare with Non est iudex minus petita partium. But
see Non liquet.
Iudex est lex loquens. ydks st lks lkwns. jdeks est leks lkwenz. The judge
is the law speaking. A maxim meaning that a judges role is authoritatively
to declare what the law is and how it applies to facts presented to him or her
in a case. See also Ius dicere and Ius dicere, non ius dare.
Iudex non reddit plus quam quod petens ipse requirit. ydks nn rddt pls
kwam kwd ptns ps rkwrt. jdeks nan redit plus kwam kwad petenz ips

Iudex suspectus
rekwrit. A judge does not award more than the plaintiff himself requests. A
maxim, originating in civil law, meaning that a judge or arbitrator may not
award more than the plaintiff or claimant has demanded, regardless of
magnitude of the actual injury sustained. This maxim, when applied, dero-
gates from the general rule of Iura novit curia.
I(J)
Iudex suspectus. ydks sspkts. jdeks suspektus. n. Suspected judge. (1) A
judge or arbitrator suspected of having received bribes, committed fraud, or
otherwise corruptly submitted to bias. (2) A judge or arbitrator having some
direct or indirect interest in the outcome of a dispute of which he or she is
seised, creating an appearance of bias. Compare with Iudex corruptus.
Iudicia posteriora sunt in lege fortiora. ydk-a pstrra snt n lg frt

ra. jdiu pstrru sunt in lej frtru. Later judgments are stronger in law.
A maxim meaning that more recent legal precedents should be given greater
weight than, if they do not supersede, older precedents.
Iudicis est ius dicere, non dare. ydks st ys dkr, nn dar. jdisis est jus di
sr, nan dar. It is the judges role to state the law, not to give it. A civil law
maxim of judicial restraint meaning that the role of a judicial authority is to
declare what the law is rather than to create new law. An alternative phrase is
Ius dicere, non ius dare. See also Iudex est lex loquens.
Iudicium finium regundorum. ydk-m fn-m rgndrm. judium fin-um

regundrum. n. Judgment of drawing the boundaries. A judicial or arbitral
award settling a difficult boundary dispute.
Iudicium illusorum. ydk-m llsrm. jdium ilrum. n. Illusory judg-

ment. A legal decision of more apparent than real authority. To label a
decision iudicium illusorum is something of a tautology, as the precedential
authority of a legal decision is determined by its influence on later cases. If
later cases depart from decision on the basis of its putative lack of authority,
this very departure will contribute to sapping the decision of authority. E.g.,
The [Court majoritys] reasoningnolens volens leads to the creation of the
Courts own, judicial reality in contrast to the objective legal one, producing
a proper judicium illusorum. Application of the Convention on the Prevention
and Punishment of the Crime of Genocide (Bosn. & Herz. v. Yugo.), I.C.J. No.
91, Judgment of Feb. 26, 2007, at 30, 59 (separate opinion of Judge ad hoc
Krea).
Iura. yra. jru. n. pl. Rights; laws. See Ius.

Iura publica anteferenda privatis
Iura communis. yra kmmns. jru kamynis.n. pl. Rights of the commu-
nity. Rights held in common by the entire community. Compare with Iura
universalia. See also Publici iuris.
Iura in re. yra n r. jru in r. n. pl. Rights in the thing. Property rights.
Iura in re aliena. yra n r al-na. jru in r l-enu. n. pl. Rights in the foreign I(J)
thing. Rights in property belonging to a foreign national or situated in
foreign territory.
Iura maiestatis. yra maystats. jru mjesttis. n. pl. Rights of the sovereign.
Rights belonging to the sovereign or state.
Iura naturae sunt immutabilia. yra natr snt mmtabl-a. jru nr sunt
imytubil-u. The laws of nature are immutable. A maxim meaning that
natural law, being universal and eternal, does not evolve with changing
social, political, or other conditions.
The court knows the
Iura novit curia. yra nwt kr-a. jru nvit kyr-u.
laws. A doctrine providing that, because a tribunal is presumed to know and
apply the law, the parties to a dispute are not required to invoke all applicable
legal rules explicitly or to convince the tribunal of the laws content. A major
implication of this doctrine is that a judicial or arbitral tribunal is not bound
by the construction of the law or a legal instrument proposed by any of the
parties to the dispute. E.g., The precept contained [in Article 1(1) of the
American Convention on Human Rights] constitutes the generic basis of
the protection of the rights recognized by the Convention and would be
applicable, in any case, by virtue of a general principle of law, iura novit curia,
on which international jurisprudence has repeatedly relied and under which a
court has the power and the duty to apply the juridical provisions relevant to
a proceeding, even when the parties do not expressly invoke them. Velasquez
Rodriguez Case, Inter-Am. Ct. Hum. Rts., Judgment of July 29, 1988, 163,
28 I.L.M. 291. An alternative formulation is Curia novit (iura).
Iura privata. yra prwata. jru privtu. n. pl. Private rights. Rights applicable
or belonging to private individuals. Contrast with Iura publica. See also Iura
publica anteferenda privatis.
Iura publica. yra pblka. jru publiku. n. pl. Public rights. Rights applicable
or belonging to the government or state. Contrast with Iura privata. See also
Iura publica anteferenda privatis.
Iura publica anteferenda privatis. yra pblka antfrnda prwats. jru pub
liku ntfrendu prvtis. Public rights should take precedence over private. A
maxim meaning that, when a state and private rights conflict, state rights

Iura universalia
should prevail. Compare with Necessitas publica maior est quam privata.
See also Iura privata and Iura publica.
n. pl. Universal rights.

Iura universalia. yra nwrsal-a. jru ynivrsl-u.
Rights or laws belonging to or applicable to everyone; universal rights.
I(J) Compare with Iura communis.
Iurat. yrat. jrt. v. (commonly used as a n.). He or she swears. A statement

in an affidavit indicating the time and place of affirmation before a qualified
witness, usually followed by the signature of the witness.
By the law of peoples.

Iure gentium. yr gnt-m. jr jent-um. prep. + n.
According to or pursuant to international law. E.g., [A] distinction must be
drawn between piracy under any municipal Act of a particular country and
piracy jure gentium. R. v. Jones, [2006] W.L.R. 772, 784, 21 (U.K).
adv. By the law of war. According to or

Iure belli. yr bll. jr bel.
pursuant to the international law of war. E.g., The principle [of distinction
between occupation and title] also excludes reliance on principles concerning
acquisition of territorium nullius or titles jure belli. Land, Island, and Mari-
time Frontier Dispute (El Salv. v. Hond.; Nicar. intervening), 1992 I.C.J.
Rep. 351, 635, 11 (separate opinion of Judge Torres Bernrdez).
Iure gestionis. yr gstns. jr jestnis. adv. By the right of behavior. By

an act of private nature (i.e., performable by private citizens), which accord-
ing to a restrictive theory of sovereign immunity may confer jurisdiction on a
court even if the act was undertaken by a foreign sovereign. Compare with
Tanquam quilibet. Contrast with Iure imperii. See also Acta iure gestionis
and De iure gestionis.
adv. By the right of the sovereign.

Iure imperii. yr mpr-. jr impr.
By an act of the kind that only a sovereign may undertake, which generally
cannot confer jurisdiction on a court over a foreign sovereign even under a
restrictive theory of sovereign immunity. Contrast with Iure gestionis. See
also Acta iure imperii and De iure imperii. Compare with Acta imperii.
adv. By the law of peace. Arising from or

Iure pacis. yr paks. jr pkis.
related to the international law governing peacetime activities. Contrast with
Iure belli.
adv. By the
Iure repraesentationis. yr rprsntatns. jr reprzentnis.
right of representation. By the legal right of an agent to represent his or her
principal.

Ius
Doctor of law. A basic professional

Iuris doctor. yrs dktr. jris daktr. n.
graduate degree in law awarded in the United States, usually after successful
completion of a three-year program of study by persons holding a bachelors
degree. Commonly abbreviated J.D. Compare with Legum baccalaureus. See
also Legum magister and Magister iuris.
I(J)
Iuris et Iudicii Fecialis, Sive Iuris Inter Gentes et Quaestionum de Eodem
Explicatio. yrs t ydk- fk-als, sw yrs ntr gnts t kwstnm
d dm ksplkat. jris et jdi felis, siv jris intr jentz et kwestnum
d dem eksplik. N. On the Law and Procedure of the Fetiales, Be It of
the Law of Nations and Questions Concerning the Same. The beginning
of the title of the treatise on international law written in 1650 by English
scholar Richard Zouche (15901661).
Doctor
Iuris scientiae doctor. yrs sk-nt- dktr. jris s-ent- daktr. n.
of the science of law. An advanced graduate degree in law awarded in the
United States and a few other countries, usually after successful completion
of a juris doctor or bachelor of laws degree. This degree is often offered in
preparation for a career in academia rather than practice. Abbreviated J.S.D.
An alternative formulation is Scientiae iuris doctor.
Iuris tantum. yrs tantm. jris tntum. adv. (commonly used as a n.). Of law
and nothing more. A rebuttable legal presumption made in the absence of
any contradictory evidence.
Iuris utriusque doctor. yrs tr-skw dktr. jris tr-uskw daktr.
n.
Doctor of both laws. A law degree available at some European law schools
for expertise in both civil and canonical law. Abbreviated J.U.D.
Iurisdictio inhaeret, cohaeret, adhaeret imperio; par in parem non habet iudi-
cium. yrsdkt nhrt, khrt, adhrt mpr; par n parm nn habt
ydk-m. jrisdik inheret, cheret, dheret impr; par in parem nan hbet
jdium. Legal authority clings to sovereignty, belongs to it, and remains
inherent to it; no one passes judgment upon an equal. A maxim meaning
that the courts of one sovereign have no power to sit in judgment over the
actions of another sovereign because such an exercise of jurisdiction implic-
itly subordinates the defendant to the adjudicating sovereign. See also Par in
parem non habet imperium.
Ius. ys. jus.n. [pl. Iura. yra. jru.] Right; law. (1) A legal right; an entitle-
ment. (2) The entire body of applicable laws relating to public and private
rights and obligations. E.g., It should be recalled that when the principle of
the uti possidetis juris is involved, the jus referred to is not international law
but the constitutional or administrative law of the pre-independence sover-

Ius abutendi
eign. Land, Island, and Maritime Frontier Dispute (El Salv. v. Hond.),
1992 I.C.J. Rep. 351, 55859, 333. (3) Customary law specifically as a body of
principles. (4) Justice in the abstract. Compare with Lex.
Ius abutendi. ys abtnd. jus abytend. n. Right to consume entirely. The

I(J) right to exercise complete dominion over certain property, including the
right to let it lie fallow, to let it go unused, or to damage or destroy it.
Ius ad bellum. ys ad bllm. jus d belum. n. Law/right relating to war.

(1) The international law governing when and how military action may
lawfully be commenced by one state against another, as set forth in the
United Nations Charter (see especially Article 2(4) and Chapters VI and VII)
and customary international practice. See Eritrea-Ethiopia Claims Commn,
Decision No. 7: Guidance Regarding Jus Ad Bellum Liability, July 27, 2007, 46
I.L.M. 1121 (2007). Although today the cases in which the use of armed force
are considered legal are limited primarily to individual and collective self-
defense, this was not always the case. Throughout most of history, wars
could legally (if not morally) be commenced for almost any reason so long as
the required formalities of the ius ad bellum were observed. These included
rules regarding the treatment of neutral powers and the necessity of a formal
declaration of war prior to the commencement of hostilities. (2) The right of
a state to deploy armed force against another state consistent with interna-
tional law or natural law concepts of justice. Contrast with Ius in bello. See
also Casus belli.
Ius ad rem. ys ad rm. jus d rem. n. Right concerning the thing. An imperfect
right in property. E.g., If the view most favorable to the American argu-
ments is adoptedwith every reservation as to the soundness of such view
that is to say, if we consider as positive law at the period in question the rule
that discovery as such, i.e. the mere fact of seeing land, without any act, even
symbolical, of taking possession, involved ipso jure territorial sovereignty and
not merely an inchoate title, a jus ad rem, to be completed eventually by an
actual and durable taking of possession within a reasonable time, the ques-
tion arises whether sovereignty yet existed at the critical date. The Island
of Palmas Case (U.S. v. Nether.), Perm. Ct. Arb., Award of Apr. 4, 1928,
H.C.R. (2d series), at 100 (Scott 1932).
Ius advenae. ys adwn. jus dven. n. Foreign law. Law of a foreign juris-
diction.
Ius aequum. ys k-m. jus ekwum. n. Equitable law. A legal system in which
rights are modified or controlled by equitable concepts, such that they must
be exercised fairly and in good faith. International tribunals in some cases

Ius cogens (superveniens)
exercise their discretion to resort to ius aequum to avoid an unjust result,

although the validity of this practice has been the subject of debate. Contrast
with Ius iniquum. See also Ius strictum.
n. Law of the Albinagi. The sover-

Ius albinagii. ys albnag-. jus lbinaj.
eign right, no longer recognized in international law, to confiscate all of the I(J)
property that an alien domiciled in the sovereigns territory possessed at
death. Also known in French as droit daubaine. Contrast with Ius detractus.
Ius angariae. ys angar-. jus ngar-. n. Right of angary. A states right

during national emergency or armed conflict to requisition neutral merchant
vessels, aircraft, or property in its territory, territorial waters, ports, or inland
waters for a public purpose and subject to the duty eventually to compensate
for the seizure.
Ius antiquum. ys antk-m. jus ntikwum. n. Antique law. (1) Law formerly
applicable and no longer valid. (2) Law of ancient origin. (3) In Roman law,
the body of law developed during the Republican period (prior to the fourth
century CE), as opposed to laws originating in Imperial Rome. An alterna-
tive term is Ius vetus. Contrast with Ius novum.
Ius armorum. ys armrm. jus armrum. n. Law of arms. (1) Medieval

chivalric law. (2) The law governing the conduct of war by individual
combatants.
n. The law (or right) of asylum. (1) The law

Ius asyli. ys asl. jus sl.
relating to the granting of asylum or political refugee status. (2) The right to
asylum based on refugee status.
Law of war.
Ius belli. ys bll. jus bel. n. [pl. Iura belli. yra bll. jru bel]
The totality of international law relating to war, comprising both ius ad
bellum (the law relating to when armed action may be taken against another
state or group) and ius in bello (the law relating to the conduct of hostilities
against combatants and civilians). See Ius ad bellum and Ius in bello.
Ius bellum dicendi. ys bllm dknd. jus belum disend. n. The right to
declare war. The right under the law of war (ius ad bellum) to declare war for
some legitimate cause (casus belli).
Civil law. (1) Civil law. (2) Law relating to

Ius civile. ys kwl. jus sivil. n.
relationships between private citizens; private law. Ius civile derives from the
Roman law relating to the rights and duties of Roman citizens.
Ius cogens (superveniens). ys kgns (sprwn-ns). jus kjenz- or -kajenz

(sprvnyenz). n. (Supervening) coercive law. The set of peremptory norms

Ius commercii
of international law owed by all states erga omnes; law of a mandatory nature
that the international community generally recognizes and accepts as not
admitting of any objection or derogation by treaty. Ius cogens finds its
historical basis in natural law, but is considered by some to be a creature of
a general state consent or other sources. Commonly cited examples of
I(J) violations of ius cogens include state-sponsored torture, slavery, and genocide.
Violations of ius cogens, unlike most violations of international law, are
thought by some to give rise to universal jurisdiction. E.g., Norms of jus
cogens do not tolerate derogation, so any concurrent regime or situation,
whether it be established by way of a bilateral or unilateral act, cannot acquire
legal force due to the peremptoriness of jus cogensmore specifically, this act
or acts remains in the sphere of simple facts. Application of the Convention on
Prevention and Punishment of Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J.
Rep. 595, 754, 90 ( Judge ad hoc Krea, dissenting). See the Vienna Con-
vention on the Law of Treaties arts. 53 and 64, May 23, 1969, 1155 U.N.T.S.
331. Compare with Ius erga omnes. Contrast with Ius dispositivum. See also
Erga omnes and Ius naturale.
Right of commerce. The right

Ius commercii. ys kmmrk-. jus kamr. n.
to engage in business transactions, including the right to negotiate and
conclude contracts and to transport goods to friendly states for sale or
purchase.
Ius commune. ys kmmn. jus kamyn. n. Common law. (1) The body of
law, developed from the fusion of the Roman civil law with canon law in
twelfth century Italy, which eventually spread throughout medieval Europe
to provide a basis for a general law common to most of Christendom. (2) A
public law or right of general application. (3) Law developed by the decisions
of tribunals in pursuit of a deontological or political principle of decision-
making; common law.
Ius commune gentium. ys kmmn gnt-m. jus kamyn jent-um. n. Com-
mon law of the people. An alternative term for Ius gentium.
Ius commune humanitatis. ys kmmn hmantats. jus kamyn hymnitatis.
n. Common law of humanity. Law relating to or governing all humanity,
such as universal human rights law.
Ius condendum. ys kndndm. jus kandendum. n. Law needing to be made.
A gap in the law that seems to require completion. Contrast with Ius conditum.
Ius conditum. ys kndtm. jus kanditum. n. Established law. Law fully
established on a subject or in a field. Compare with Lex lata. Contrast with
Ius condendum.

Ius erga omnes
Ius consuetudinarium. ys knstdnar-m. jus kanswetdinar-um. n. Cus-

tomary law. Customary international law; the international law formed by
the longstanding and consistent customary practices of states in the belief that
such practices are legally mandated. See also Opinio iuris (sive necessitatis).
n. Right to
Ius cudendae monetae. ys kdnd mnt. jus kydend manet. I(J)
coin money. The right of the state to stamp, print, issue, and circulate
money for use in its territory.
Ius dare. ys dar. jus dar. v. inf. + n. To give

law. To create law; to legislate.
Contrast with Ius dicere. See also Ius dicere, non ius dare.
Ius denegare. ys dngar. jus denegar. n. Right to refuse. The right to

decline or refuse a request or offer.
n. Right of taking away. The right

Ius detractus. ys dtrakts. jus dtrktus.
of a state to tax the estate of a deceased alien upon the estates removal from
the states territory. Contrast with Ius albinagii.
v. inf. + n. To speak the law. To practice a

Ius dicere. ys dkr. jus dsr.
judicial authority to declare what is lawful. Contrast with Ius dare. See also Ius
dicere, non ius dare.
To
Ius dicere, non ius dare. ys dkr, nn ys dar. jus dsr, nan jus dar.
speak the law, not to give law. An alternative phrase for Iudicis est ius
dicere, non dare.
Ius dispositivum. ys dspstwm. jus dispazitvum. n. Law not settled by

agreement. (1) Positive law. (2) Law capable of creation or modification
by the consent or agreement of relevant parties. E.g., If we can introduce in
the international field a category of law, namely jus cogensa kind of
imperative law which constitutes the contrast to the jus dispositivum, capable
of being changed by way of agreement between States, surely the law
concerning the protection of human rights may be considered to belong to
the jus cogens. South West Africa Cases (Eth. v. S. Afr.; Liber. v. S. Afr.), 1966
I.C.J. Rep. 6, 250, 298 ( Judge Tanaka, dissenting). (3) Law developed by a
legal authority for reasons of public policy not necessarily based on principles
of morality or justice. Contrast with Ius cogens and Ius naturale.
Ius erga omnes. ys rga mns. jus rgu amnz. n. Right before all. An
absolute right owed to all states by all states, such as the obligation not to
deplete stocks of living pelagic resources or to use the moon or other celestial
bodies for warlike purposes. See also Erga omnes and Ius cogens.

Ius est ars aequi et boni
Ius est ars aequi et boni. ys st ars kw t bn. jus est arz ekw et bn. The law
is the art of equity and goodness. An alternative formulation of Ius est ars
boni et aequi.
Ius est ars boni et aequi. ys st ars bn t kw. jus est arz bn et ekw. The law
I(J) is the art of goodness and equity. A maxim meaning that in general the
purpose of the law is to determine what is equitable and fair. The phrase is
found in the preamble to Justinians Digest (1.1.pr). E.g., The just and
equitable solution, in the sense given by Ulpians definition of law: jus est
ars boni et aequi, is not to be confused with the faculty possessed by the Court
by virtue of Article 38 in fine to decide a case, with the agreement of the
parties, ex aequo et bono, in the sense which modern law gives to that
expression. North Sea Continental Shelf (F.R.G. v. Den./F.R.G. v. Nether.),
1969 I.C.J. 3, 138, 37 (separate opinion of Judge Fouad Ammoun). An
alternative formulation is Ius est ars aequi et boni.
Ius europaeum. ys rpm. jus yrpum. n.Neo. European law. (1) Euro-
pean Community law. (2) The regional law historically or presently regulat-
ing intercourse between the states of Europe.
A
Ius ex iniuria non oritur. ys ks nyr-a nn rtr. jus eks injr-u nan ritr.
right does not arise from wrongdoing. An alternative formulation of Ex
iniuria ius non oritur.
Ius excludendi. ys ks-kldnd. jus eks-kldend. n. Right of exclusion. A

right to exclude others from use of property. E.g., Though in most instances
intellectual property rights confer a ius excluendi, this is far from being an
absolute rule. Carlos Maria Correa, Unfair Competition under the TRIPS
Agreement: Protection of Data Submitted for the Registration of Pharmaceuti-
cals, 3 Chi. J. Intl L. 69, 72 (2002).
Ius feciale. A misspelling of Ius fetiale (divinum).
(Divine)
Ius fetiale (divinum). ys ft-al (dwnm). jus fet-l (divnum). n.
law relating to the fetiales. (1) Roman law relating to the Roman college of
priests ( fetiales) who presided over treaties and conducted rituals prior to the
declaration of war against an enemy to ensure that the war would be
considered as just by the gods. Before commencing a war, the representative
of the Roman people would swear an oath that the god Iupiter had a right
of retribution if the war was unjust. The ius fetiale is a species of Ius sacrum.
(2) More modernly, the term has occasionally been applied in a very loose
sense to the international law relating to diplomacy, which is more properly
called ius legationis. See also Collegium fetialium and Fetiales.

Ius in bello
Ius gentium. ys gnt-m. jus jent-um. n. Law of peoples. (1) In Roman law,
ius gentium was originally the law applicable to persons lacking Roman
citizenship, but, in Imperial Rome, its scope expanded to denote natural
law rules supposedly applicable to all persons of any nationality, including
Roman citizens. Ius gentium thus engulfed the ius civile applicable to Roman
citizens in Justinians Code. (2) In more modern usage, a body of law that is I(J)
universally accepted by the international community as a whole (usually,
though not always, based on a theory of natural law). The term is not
synonymous with international law. An alternative formulation is Ius com-
mune gentium. Contrast with Ius inter gentes. See also Ius naturale.
n. Law of
Ius gentium inter se. ys gnt-m ntr s. jus jent-um intr s.
peoples between themselves. An archaic term for international law. Com-
pare with Ius inter gentes. Contrast with Ius gentium intra se.
n. Law of
Ius gentium intra se. ys gnt-m ntra s. jus jent-um intru s.
peoples within themselves. An archaic term for the domestic law of states.
Compare with Ius gentium. Contrast with Ius gentium inter se.
Ius Gentium Methodo Scientifica Perpetractatum. ys gnt-m mthd sk-
ntfka prptraktatm. jus jent-um meyud s-entifiku prpetrkttum. N. The
Law of Peoples Fully Treated by Scientific Method. The title of a 1749 treatise
by German philosopher Christian Wolff (16791754) on international law.
Ius gentium privatum. ys gnt-m prwatm. jus jent-um prvtum. n. Private
law of peoples. Private international law; international conflict of laws rules.
The ius gentium privatum is specifically the law governing which state has
jurisdiction over which persons, relationships, contracts, rights, duties, acts,
and property (personal or real) when it is possible for more than one state to
exercise jurisdiction over such subjects. E.g., The common law of both
[England and the United States] has been expanded to meet the exigencies
of the times as they have arisen; and so far as the practice of nations, or the jus
gentium privatum, has been supposed to furnish any general principle, it has
been followed out. Joseph Story, Commentaries on the Conflict of
Laws 2324 (1834).
Ius habendi. ys habnd. jus hbend. n. Right to have. A right to possess
certain property.
n. Law in war. The international law
Ius in bello. ys n bll. jus in bel.
governing the conduct of parties during wartime. Its primary components
include international humanitarian law; the international law of neutrality;
and the law of wartime espionage, propaganda, and ruses de guerre (decep-
tions of war). Compare with Ius armorum. Contrast with Ius ad bellum.

Ius in personam
Ius in personam. ys n prsnam. jus in prsnum. n. [pl. Iura in personam. yra

n prsnam. jru in prsnum.] Right in the person. A right vesting in the
individual, such as a right to some government-granted benefit or the right
to seek to vindicate an interest in court.
Ius in re. ys n r. jus in r. n. Right in the matter. A complete right to specific
I(J)
property enforceable erga omnes (against all others in the community). E.g.,
[T]here should be applied to territorial questions the principle that, failing
any specific provision of law to the contrary, a jus in re once lawfully acquired
shall prevail over de facto possession however well established. Island of Palmas
Case (U.S. v. Nether.), Perm. Ct. Arb., Award of Apr. 4, 1928, H.C.R. (2d
series), at 94 (Scott 1932). Compare with Ius in rem. See also Erga omnes.
Ius in rem. ys n rm. jus in rem. n. [pl. Iura in rem. yra n rm. jru in rem.] Right
in the thing. A property right. E.g., When such provisions [for a ship
purchasers lien on the ship being built and construction materials] are inserted
[into the purchase agreement], it is obvious that the contract is prima facie evidence
of a jus in rem, arising out of the contract, while the contractor or his sub-
contractor might otherwise deny the existence of this superior interest equivalent
to ownership. Norwegian Claims Case (Nor. v. U.S.), Perm. Ct. Arb., Award of
Oct. 13, 1922, H.C.R. (2d series), at 68 (Scott 1932). Compare with Ius in re.
Ius incognitum. ys nkgntm. jus inkagntum. n. Unknown law. (1) An
obscure or rarely referenced law. (2) An obsolete law.
Ius iniquum. ys nk-m. jus inikwum. n. Inequitable law. (1) A law whose
application in a specific case would be unjust or inequitable. (2) A law that is
in general unjust or inequitable. Contrast with Ius aequum.
Ius inter gentes. ys ntr gnts. jus intr jentz. n. Law between peoples. An
archaic term for international law, formerly translated as the law of nations.
Contrast with Ius gentium.
n. Law of legation. The interna-
Ius legationis. ys lgatns. jus leganis.
tional law relating to the appointment, recognition, and treatment of foreign
ambassadors, consuls, envoys, and other diplomats.
Ius naturae. ys natr. jus nr. n. Law of nature. An alternative term for
Ius naturale.
Natural law. Natural law; a body of

Ius naturale. ys natral. jus nrl. n.
law developed to dictate principles of human conduct demanded either by a
metaphysical vision of the universes natural order or by the alleged pro-
nouncements of a deity. An alternative term is Ius naturae. Compare with
Lex naturale. Contrast with Ius dispositivum. See also Ius cogens.

Ius posteriori derogat priori
Ius naturale est quod apud omnes homines eandem habet potentiam. ys
natral st kwd apd mns hmns -andm habt ptnt-am. jus nrl
est kwad pud amnz haminz ndem hbet ptenum. Natural law is that
which has the same force among all men. A maxim meaning that some
laws, by their moral force, apply universally to all persons (the obvious
example being human rights). This maxim is an ancient expression of I(J)
Natural Law Theory challenged by proponents of Legal Positivism and
later theories of jurisprudence. See also Ius naturale.
n. The right of navigation. The
Ius navigandi. ys nawgand. jus nvignd.
right under customary international law to engage in exploration and inter-
national trade though the use of vessels on the high seas.
n. Neo. Necessary law. A
Ius necessarium. ys nkssar-m. jus neseser-um.
term used to denote rules of customary international law necessarily inherent
in the world public order for its continued functioning. Contrast with Ius
voluntarium.
n. Right of necessity. A
Ius necessitatis. ys nksstats. jus nesesittis.
purported right to disregard the law in order to do something fundamentally
necessary in the protection of ones interest. The existence of such rights is
highly contested, especially with respect to rights that would in their exercise
violate ius cogens. See also Necessitas non habet legem.
Ius non scriptum. ys nn skrptm. jus nan skriptum. n. Unwritten law. An
alternative term for Lex non scripta.
Ius novum. ys nwm. jus nvum. n. New law. (1) Law of recent origin. (2) In
Roman law, the collection of laws developed during the Imperial period
(from the fourth century CE and later), as opposed to the law originating in
the Republican period. Contrast with Ius antiquum.
Ius paciarri. ys pak-arr. jus par. n. Neo. Law of the peaceful. A neologism
sometimes used to refer to the international law governing the activities of
UN forces deployed by authorization of the Security Council to make or
keep peace in unstable or warring states.
Ius post bellum. ys pst bllm. jus pst belum.n. Neo. Law after war. The
international law relating to the situation following an international armed
conflict, especially when one belligerent occupies and administers territory of
another. See also Ius in bello.
Ius posteriori derogat priori. ys pstrr drgat prr. jus pstrr dergt
prr. The right of those who follow repeals the right of those who
preceded. A maxim meaning that rights arising later in time applying to

Ius postliminii
specific parties supersede earlier, conflicting rights with respect to the same
parties. Compare with Leges posteriores priores contrarias abrogant.
n. The right of postliminium.

Ius postliminii. ys pstlmn-. jus pstlimin.
(1) The right of a slave in Roman law to freedom upon returning to his or her
I(J)
native land. (2) The law relating to, or the right of, Postliminium.
Ius praeminens. ys prmnns. jus pr-eminenz. n. Neo. Preeminent right.

(1) A right of highest precedence. (2) The states right to exercise sovereignty
in its own territory. Compare with Dominium eminens.
Ius primi occupatis. ys prm kkpats. jus prm akyptis. n. Right of the
first over the occupied. The right of the first state settling a territory to claim
sovereignty over that territory. See also Res nullius naturaliter fit primi occu-
pantis.
Ius privatum. ys prwatm. jus prvtum. n. Private law. (1) The law regulating
the conduct of private persons (as opposed to governments or government
officials). (2) A right held by a private individual. Contrast with Ius publicum.
Right of protection. The

Ius protectionis. ys prtektns. jus prteknis. n.
right to protection that every citizen may claim from his or her state of
nationality.
Ius publicum. ys pblkm. jus publikum. n.Public law; public right. (1) The
law regulating relations between or with governmental actors. (2) The law
maintained by the state. (3) A right of the state or sovereign. Contrast with
Ius privatum.
Ius puniendi. ys pn-nd. jus pyn-end.n. Right to punish. The states

right to punish criminal offenses pursuant to its laws within the limits of the
international law respecting jurisdiction and human rights.
Ius quarteriorum. ys kwartrrm. jus kwartrrum. n. Law of quarter parts.

The now antiquated international law limiting a states extraterritorial juris-
diction over foreign diplomatic residences within its territory. Because these
were often grouped together into neighborhoods with high concentrations of
diplomatic residences, the ius quarteriorum effectively created a municipal
region subject to the extraterritorial application of foreign law. This term is
also known by its French name, franchise du quartier.
Ius representationis (omnimodae). ys rprsntatns (mnmd). jus repr-

zentnis (amnmd). n. Right of representation (of all kinds). The right to
represent another person with respect to all matters, usually in the capacity of
a plenipotentiary agent.

Ius strictum
Right to resist. (1) The right to

Ius resistendi. ys rsstnd. jus rezistend. n.
resist (e.g., occupation by force of arms). (2) The right to offer opposition
(e.g., against an opposing party before a tribunal).
Sacred law. (1) Divine law. (2) Natural

Ius sacrum. ys sakrm. jus skrum. n.
law. (3) The Roman law relating to religious matters, known specifically as I(J)
Ius fetiale (divinum).
Ius sanguinis. ys sangwns. jus swinis.n. Right of blood. The right to

claim citizenship based on race or nationality, as when a person acquires the
nationality of a state because one or both parents have the nationality of the
state. See also Ius soli.
Ius scriptum. ys skrptm. jus skriptum. n. Written law. An alternative term

for Lex scripta.
Singular right. (1) A law or right

Ius singulare. ys snglar. jus singyler. n.
applicable in a unique situation. (2) A law or right applicable within a single
jurisdiction.
Ius soli. ys sl. jus sl. n. Right of the soil. A right to acquire the nationality
of a state by virtue of having been born within its territory. See also Ius
sanguinis.
Ius standi. ys stand. jus stnd.n. Right of standing. (1) The customary
international law establishing who has rights to appear before a tribunal or to
make representations to another under international law, and what is the
content of these rights. (2) The right to appear before a tribunal based on the
tribunals jurisdiction over the party appearing, and the partys right to
represent itself or another in the case in dispute. E.g., [T]he Belgian
Government has advanced the proposition that it is inadmissible to deny
the shareholders national State a right of diplomatic protection merely on
the ground that another State possesses a corresponding right in respect of
the company itself. In strict logic and law this formulation of the Belgian
claim to jus standi assumes the existence of the very right that requires
demonstration. Barcelona Traction, Light, and Power Company (Belg. v.
Spain), 1970 I.C.J. Rep. 3, 51.
Exact law. (1) A system of positive

Ius strictum. ys strktm. jus striktum. n.
customary law conferring rights or obligations interpreted literally and with
no modification by or resort to principles of equity or public policy. (2) An
alternative formulation of Strictum ius. See also Actio stricti iuris, De rigore
iuris, Ius aequum, Stricto iure, and Strictissimi iuris.

Ius talionis
n. Right of retaliation. The right,

Ius talionis. ys talns. jus tlnis.
postulated in Natural Law Theory, that certain kinds of violations of the
law or of moral obligations give the right or duty to punish the transgressor
precisely in kind or proportionally. Compare with Lex talionis.
I(J) Right of a third party. The right of nonparty

Ius tertii. ys trt-. jus tr. n.
to an agreement or treaty. In the common law, ius tertii is the right of a third
party to property being held by a possessor, which right the possessor uses to
defend the property against claims by persons other than the third-party
owner. In international law, it is generally recognized that treaties do not
create enforceable rights for nonparty (tertius) states. See also Pacta in fa-
vorem tertii and Pacta tertiis (nec nocent nec prosunt).
Ius transitus innoxii. ys transts nnks-. jus trnzitus inaks. n. Right of safe
passage. The right of a person, vessel, or aircraft to traverse foreign land or
territorial seas for peaceful and legal purposes without being exposed to
arrest, unnecessary obstruction, or threat of harm.
Right of use. The right to use property

Ius utendi. ys tnd. jus ytend. n.
in the absence of an accompanying right of ownership.
Ius vetus. ys wts. jus vtus. n. Old law. An alternative term for Ius anti-
quum.
Ius voluntarium. ys wlntar-m. jus valunter-um. n. Neo. Volitional law.

(1) A term for customary international law that emphasizes its voluntary character.
(2) A term used by German philosopher Christian Wolff (1679-1754) in his Ius
Gentium Methodo Scientifica Perpetratum (1749) to denote rules of international
law undertaken for the mutual benefit of states as opposed to those that are
inherent in the world public order. Contrast with Ius necessarium.
Just cause. Just or lawful grounds (e.g.,

Iusta causa. ysta ksa. justu kzu. n.
for declaring war). See also Casus belli.
n. Justice. Justice; fairness; The allocation of re-

Iustitia. ystt-a. justiu.
wards or penalties in strict conformity with each persons merits or failings.
Iustitia nemini neganda est. ystt-a nmn nganda st. justiu nemin negn
du est. Justice is to be denied to no one. A maxim meaning that all persons
must be afforded their legal rights without discrimination. See also Iustitia
non est neganda, non differenda.
Iustitia non est neganda, non differenda. ystt-a nn st nganda, nn dffrn

da. justiu nan est negandu, nan difrendu. Justice is not to be denied, not to be

Iustus titulus
delayed. A maxim meaning that all persons must be afforded their legal
rights promptly. See also Iustitia nemini neganda est.
Iusto tempore. yst tmpr. just tempr. adv. At the proper time. In a
timely manner.
Iustum bellum. ystm bllm. justum belum. n. Just war. (1) An armed I(J)
conflict considered permissible under the international law relating to the
use of armed force (ius ad bellum). (2) A war, the initiation and conduct of
which are morally, if not legally, justifiable.
Iustus titulus. ysts ttls. justus titylus. n. Just title. A just or valid basis
for a claim of ownership.

L
................................
L.L.B. n. An abbreviation of Legum baccalaureus.
L.L.M. n. An abbreviation of Legum magister.
n. Injured sovereignty. (1) The

Laesa maiestas. lsa m-stas. lzu mjestus.
act (as opposed to the legally defined crime) of treason; lse-majest. (2) An
injury to the sovereign dignity of the state. See also Crimen laesa maiestatis
and Perduellio.
n. Injury. Loss caused by the failure of a counterparty to

Laesio. ls. l.
an agreement or treaty to perform its duties.
Latens. latns. ltenz. adj. Hidden. (1) Hidden; secret. (2) Latent.
Latine dictum. latn dktm. ltin diktum. adj. Spoken in Latin. Spoken or
said in the Latin language. See also Latine scriptum.
Latine scriptum. latn skrptm. ltin skriptum.adj. Written in Latin.

Written or printed in the Latin language. See also Latine dictum.
adv. In the broad sense. Speaking or

Lato sensu. lat sns. lt sens.
writing approximately, broadly, or generally. Contrast with Stricto sensu.
Ledo. ld. ld. n. Neap tide. Neap tide; a tide having the minimum
variation between high tide and low tide that occurs in the first and third
quarters of the moon.
Legatos violare contra ius gentium est. lgats wlar kntra ys gnt-m st.
legtus vlar kantru jus jent-um est. It is against international law to harm
diplomats. A maxim meaning that any harm to or forcible arrest or deten-
tion of an accredited diplomats violates customary international law. See the
Vienna Convention on Diplomatic Relations arts. 2931, Apr. 18, 1961, 500
U.N.T.S. 95.
162
Leges
Legatus. lgats. legtus.n. [pl. Legati. lgat. legt.] Diplomat. (1) Gener-
ally, a diplomat of any rank. (2) An ambassador or head of mission.
Legatus a latere. lgats a latr. legtus a ltr. n. [pl. Legati a latere. lgat a
latr. legt a ltr.] Diplomat from the side [of the Catholic Pope]. A
high diplomatic representative of the Holy See having the status of cardinal. L
The Holy See was in the past and sometimes still is treated as its own state with
corresponding diplomatic privileges. The legatus a latere falls within the more
general category of Legatus missus. Contrast with Legatus natus and Nuncio.
Legatus datus. lgats dats. legtus dtus. n. Given diplomat. An alternative

term for Legatus missus.
Sent diplomat. A diplomat

Legatus missus. lgats msss. legtus misus. n.
charged with a special, limited mission. An alternative term is Legatus
datus. See also Legatus a latere.
A born diplomat. A represen-

Legatus natus. lgats nats. legtus ntus. n.
tative of the Holy See who lacks official diplomatic status. The claim of a
legatus natus to diplomatic status was based on the rank of the claimant
usually a bishop or archbishop representing an important diocese. Contrast
with Legatus a latere and Nuncio.
Legatus regis vice fungitur a quo destinatur. lgats rgs wk fngtr a kw

dstnatr. legtus rjis vsu funjitr a kw destinutr. A diplomat substitutes
for the king by whom he is appointed. A maxim meaning that a diplomat
represents the state on behalf of whom he or she is accredited and should be
treated with the same respect to which the foreign head of state is entitled.
See the Vienna Convention on Diplomatic Relations arts. 3(1), 2237, Apr.
18, 1961, 500 U.N.T.S. 95.
(commonly used as an adv.) By the

Lege artis. lg arts. lej artis. prep. + n.
rule of the art. (1) In accordance with the approved rules of the profession or art,
as opposed to novel or improvised methods. (2) Done successfully in the manner
consistent with the most up-to-date professional or artistic standards. E.g., It
appears, however, that the procedure of inference has not been followed lege
artis, by respecting inherent requirements which inference as such necessarily
implies. The substratum from which special intent may be inferred must satisfy
with respect to its components the relevant standards, both quantitative
and qualitative. Application of the Convention on the Prevention and Punishment
of the Crime of Genocide (Bosn. & Herz. v. Yugo.), I.C.J. No. 91, Judgment
of Feb. 26, 2007, at 87, 150 (separate opinion of Judge ad hoc Krea).
Leges. lgs. lejz. n. pl. Laws. Laws; legislation. See Lex.

Leges barbarorum
pl. Barbarian laws.

Leges barbarorum. lgs barbarrm. lejz barburrum. n.
The customary laws of early medieval German and Frankish tribes, mostly
codified between the fifth and ninth centuries. These codes were heavily
influenced by Roman law and included the Visigothic Code of Euric, Lex
Alamannorum, Lex Baiuvariorum, Lex Burgundionum, Lex Frisionum,
L Lex Langobardorum, Lex Ripuari, Lex Saxonum, Lex Salica, and Lex Visi-
gothorum. Some separate codes were also written to govern relations between
Roman subjects rather than relations between Germanic peoples or between
Romans and Germanic peoples. These latter codes included the Lex Romana
Burgundionum, the Lex Romana Curiensis, and the Lex Romana Visi-
gothorum.
Leges enim contractus dat. lgs nm kntrakts dat. lejz enim kantrktus dt.
Indeed, the contract gives the laws. A maxim meaning that an agreement
creates legally binding obligations between the contracting parties.
n. pl. Unfinished laws.

Leges imperfecti. lgs mprfkt. lejz imprfekt.
Laws without well defined rights or duties, generally used as norms for
guidance. Such laws are usually difficult to interpret and to enforce. Contrast
with Leges perfectae.
Leges perfectae. lgs prfkt. lejz prfekt. n. pl. Finished laws. Laws with
well-defined rights or duties that are, consequently, not unduly difficult to
interpret and to enforce. Contrast with Leges imperfecti.
Leges posteriores priores contrarias abrogant. lgs pstrrs prrs kntra

r-as abrgant. lejz pstrrz prrez kantrar-us brgnt. Later laws abro-
gate earlier, contrary ones. A maxim meaning that, where two laws or legal
instruments conflict, the one adopted later in time, rather than the one
adopted earlier, is considered binding on the relevant parties. In treaty law,
this rule applies only to states that are parties to both the earlier and later
treaty. Compare with Ius posteriori derogat priori.
Leges vigilantibus non dormientibus subserviunt. lgs wglantbs nn

drm-ntbs sbsrw-nt. lejz vijilntibus nan drm-entibus subsrv-unt.
The laws serve those who are vigilant, not those who are sleeping. A
maxim expressing the concept of laches, meaning that a claimant who has
slept on his rights may be denied enforcement when the resulting delay would
cause an unfair prejudice to the respondent.
adj. Released from the laws.

Legibus solutus. lgbs slts. lejibus saltus.
(1) Not subject to laws. (2) Above the law, as a tyrannical dictator might
claim to be. Contrast with Nemo est supra leges.

Lex abrogata
Legitima persona standi in iudicio. lgtma prsna stand n ydk. lejitimu

prsnu stnd in jdi. n. Neo. A legitimate person of standing in a court of
justice. A person having standing to assert rights or seek enforcement of
obligations, usually before a court or other tribunal.
Legum baccalaureus. lgm bakkalr-s. lejum bkulr-us. n. Bachelor of L

laws. A basic professional degree in law awarded in common law countries.
This degree was formerly awarded in the United States until the degree
requirements were changed toward the end of the nineteenth century. In
1902, the University of Chicago awarded the first juris doctor ( J.D.) degree
and the legum baccalaureus gradually fell into desuetude in the United States
until 1971, when the last major school, the Yale Law School, abandoned the
legum baccalaureus. Commonly abbreviated LL.B. Compare with Iuris doctor.
See also Legum magister and Magister iuris.
Legum magister. lgm magstr. legum mjistr. n. Master of laws. An

advanced professional degree in law awarded after the juris doctor or legum
baccalaureus, usually following one or two years of additional study. Com-
monly abbreviated L.L.M. Compare with Magister iuris.
Levandae navis causa. lwand naws ksa. levnd nvis kzu. adv. (common-
ly used as a n.) For the sake of lightening the ship. The jettison of some
goods on a seagoing vessel overboard to avoid the sinking of the vessel and
the consequent loss of all cargo. In maritime law, levandae navis causa
typically entitles the owner of the jettisoned goods to pro rata compensation
by the other owners of goods onboard the vessel whose property was thereby
saved. See also Adventurae maris.
(commonly used as a n.) With the

Levato velo. lwat wl. levt vel. adv.
curtain raised. The principle of Roman law, expressed in Justinians Code
(11.6.5), that maritime cases should be heard in public. Originally, the
principle applied only to cases involving wreck and salvage, but was later
extended to maritime disputes generally.
Lex. lks. leks. n. [pl. Leges. lgs. lejz.] Law. (1) A law or statute. (2) A code
or collection of statutes dealing with a specific domain of activity or class of
persons. (3) A collection of all statutes applicable in a specific jurisdiction;
a code of laws. (4) Positive law; law promulgated by a competent authority.
(5) A provision or clause of a binding agreement. (6) An established body of
customary or codified law. Compare with Ius.
n. Abrogated law. A law that has

Lex abrogata. lks abrgata. leks brgtu.
expired or been repealed, or is otherwise no longer in force.

Lex actus
Lex actus. lks akts. leks ktus. n. Law of the act. An abbreviation of Lex loci
actus.
Lex Alamannorum. lks alamannrm. leks lumnrum. N. Alamannic Law.

The early medieval codification of the customary laws of the Alamanni (a
L Germanic tribe inhabiting the duchies between the Rhine and Lech rivers),
dating from the early eighth century. The code appears to be based on the
Pactus Alamannorum completed by the Frankish king Dagobert I in the early
seventh century. This is one of the Leges barbarorum.
Lex anterior. lks antrr. leks ntrr. n. Prior law. (1) A law adopted or
effective before another, later law. (2) The law effective prior to a specific event.
Contrast with Lex posterior. See also Lex posterior derogat (legi) priori.
n. Law of the arbitration. The law
Lex arbitri. lks arbtr. leks arbitr.
applicable to the relationship between an arbitral tribunal and the courts of
the jurisdiction in which the tribunal sits. The lex arbitri governs such largely
procedural matters as the steps that the tribunal must follow to ensure that its
award is valid and enforceable (such as service of notice of the arbitration on
the parties) and the extent to which the parties may resort to national courts
to review or appeal an award. The lex arbitri is not the substantive law
applied by the tribunal to resolve the dispute before it.
N. Bavarian Law.
Lex Baiuvariorum. lks baywarrm. leks bujverrum.
The early medieval codification of the customary laws of the Bavarians (a
Germanic tribe inhabiting the duchy east of the Lech river), completed
between 744 and 748 CE. These laws were heavily influenced by the law of
the Franks, whose suzerainty the Bavarians recognized. This is one of the
Leges barbarorum.
n. Barbaric law. The laws of tribes

Lex barbara. lks barbara. leks barbru.
beyond the suzerainty of the Roman Empire.
Lex Burgundionum. lks brgndnm. leks brgundnum. N. Burgundian
Law. The early medieval codification of the customary laws of the Burgun-
dians (an eastern Germanic tribe that later colonized the area of Gaul now
known as Burgundy), completed by the Burgundian king Gundobad some-
time between 500 and 516 CE. This is one of the Leges barbarorum.
n. Law of connection. (1) The law properly
Lex causae. lks ks. leks kz.
applicable to a dispute (or agreement in dispute) by default. (2) The law
under which a contractual or other legal relationship was formed.
Lex celebrationis. lks klbratns. leks selebrnis. n. The law of concourse.
An abbreviation of Lex loci celebrationis.

Lex dilationes semper abhorret
n. The law of
Lex considerationis. lks knsdratns. leks kunsidernis.
consideration. An abbreviation of Lex loci considerationis.
Lex commercii. lks kmmrk-. leks kumr.n. Law of commerce. Com-

mercial law; law relating to commerce or business. See also Lex mercatoria.
Lex contractus. lks kntrakts. leks kantrktus. n. Law of the contract. (1) The L
choice of law designated in an agreement. (2) An abbreviation of Lex loci
contractus.
N. Cornelian Law. A collection

Lex Cornelia. lks krnl-a. leks krnl-u.
of statutes enacted by Lucius Cornelius Sulla (138 to 78 BCE), Roman
consul and later dictator, in 82 to 81 BCE, and continuing in force until the
time of Gaius Iulius Caesar in 49 BCE. See also Lex Cornelia de sicariis (et
veneficis).
Lex Cornelia de sicariis (et veneficis). lks krnl-a d skar-s (t wnfks).

leks krnl-u d sikeris (et venefiis). N. The Cornelian Law of Assassins (and
Poisoners). A Roman statute passed circa 81 BCE for the punishment of
various kinds of murder, including group murder, poisoning, and corrupt
acts leading to death. See also Lex Cornelia.
Lex dabit remedium. lks dabt rmd-m. leks dbit remd-um. The law
provides a remedy. A maxim meaning that the infringement of a legal right
necessarily entails a remedy appropriate to the violation. Compare with Ubi
ius ibi remedium (est) and Ubicunque est iniuria, ibi damnum sequitur.
Lex delicti (commissi). lks dlkt (kmmss). leks dulikt (kumis). n. Law of
the (committed) delict. An alternative term for Lex loci delicti.
The
Lex dilationes abhorret. lks dlatns abhrrt. leks dlnz bhret.
law abhors delay. A maxim meaning that unnecessary delays in the admin-
istration of justice dilute the quality of that justice. The maxim is a Latin
equivalent to justice delayed is justice denied and may justify an award
of moratory damages or, in extreme cases, a default judgment, to the injured
party. Alternative phrases are Dilationes in lege sunt odiosae, Lex dilationes
exhorret, Lex dilationes semper abhorret, and Lex dilationes semper
exhorret.
The
Lex dilationes exhorret. lks dlatns ks-hrrt. leks dlnz eks-hret.
law shudders at delay. An alternative phrase for Lex dilationes abhorret.
Lex dilationes semper abhorret. lks dlatns smpr abhrrt. leks dlnz
sempr bhret. The law always abhors delay. An alternative phrase for Lex
dilationes abhorret.

Lex dilationes semper exhorret
Lex dilationes semper exhorret. lks dlatns smpr ks-hrrt. leks dlnz
sempr eks-hret. The law always shudders at delay. An alternative phrase
for Lex dilationes abhorret.
Lex domicilii. lks dmkl-. leks damisil. n. Law of the domicile. An
L abbreviation of Lex loci domicilii.
Lex est dictamen rationis. lks st dktamn ratns. leks est diktumen rnis.
Law is the word of reason. A maxim meaning that the law should always be
interpreted rationally and as intended to achieve a rational result.
Lex ferenda. lks frnda. leks frendu. n. Law to be proposed. The law
considered to be normatively preferable when the existing rule of law causes
an unclear or undesirable result. Lex ferenda is thus a proposed law or
proposed interpretation of law rather than a statement of law in force as
reflected by positive sources of authority. Contrast with Lex lata.
n. [pl. Lege fori. lg fr. lej fr.] Law of the
Lex fori. lks fr. leks fr.
forum. The law of the jurisdiction in which a case is pending before a
tribunal. By default and in the absence of a contrary choice of law by the
litigants, national courts usually apply the law of their own state as the lex
fori. An alternative term is Lex ordinandi. See also Lex fori et situs.
n. Law of the forum and
Lex fori et situs. lks fr t sts. leks fr et stus.
position. The law of the jurisdiction in which a dispute relating to property,
which is located within the jurisdiction, is pending before a tribunal. See also
Lex fori and Lex situs.
Lex Frisionum. lks frsnm. leks friznum. N. Frisian Law. The early
medieval codification of the customary law of the Frisians (a Germanic
tribe inhabiting coastal Denmark and the Netherlands), completed in the
early ninth century. The law had a significant pagan component despite the
Frisian ties to the Catholic Frankish Empire. This is one of the Leges
barbarorum.
n. General law. Law as it applies

Lex generalis. lks gnrals. leks jenrlis.
generally to all subjects or with respect to all subject matters as opposed to a
specialized legal regime applying only to specific subject matter, such as
international trade law disciplines, or to specific persons, such as parties to an
applicable treaty. Contrast with Lex specialis. See also Lex specialist derogat
legi generali and Lex posterior generalis non derogat priori specialis.
Unfinished law. (1) A

Lex imperfecta. lks mprfkta. leks imprfektu. n. Neo.
law not typically enforced, often designed to disguise a discrepancy between
unofficially authorized behavior and publicly expected behavior. (2) Sources

Lex loci contractus
of law that appear superficially to be authoritatively binding but that are in

fact merely indicative of an incipient intent to create binding norms. Com-
pare with Lex simulata.
n. Neo. Law of
Lex incorporationis. lks nkrpratns. leks inkrprnis.
incorporation. The law of the jurisdiction in which an organization is L
formed or incorporated. In private international law, the lex incorporationis
may govern a wide range of the organizations affairs.
n. Lower law. (1) A body of law of

Lex inferior. lks nfrr. leks infrr.
lesser legitimacy than another body of law. (2) A body of law that is super-
seded by another, conflicting body of law. Contrast with Lex superior.
n. Ratified law. The positive law currently in

Lex lata. lks lata. leks ltu.
force, without modification to account for any rules subjectively preferred by
the interpreter. Compare with Ius conditum. Contrast with Lex ferenda.
n. Law of the place of the act.

Lex loci actus. lks lk akts. leks ls ktus.
The law of the jurisdiction in which performance of a contract or other a
relevant act (such as the commission of a wrong) took place. Sometimes
abbreviated Lex actus.
n. The law
Lex loci celebrationis. lks lk klbratns. leks ls selubrnis.
of the place of concourse. The law of the jurisdiction in which the relevant
contract (most commonly, a contract of marriage) came into force. Com-
monly abbreviated Lex celebrationis. E.g., If parties are domiciled in one
State by whose law they are prohibited to marry, but the marriage occurs in
another State where such marriages are permitted, and the validity of the
marriage is impugned in the latter or any third State, the general rule is that
the lex celebrationis, not the lex domicilii, will govern. Raleigh C. Minor,
Conflict of Laws; or, Private International Law 150, 73 (1901).
Compare with Lex loci contractus.
Lex loci considerationis. lks lk knsdratns. leks ls kunsidernis. n.

The law of the place of consideration. The law of the jurisdiction in which
consideration that gives rise to a contract either is located or will be transferred
to the other contracting party. Commonly abbreviated Lex considerationis.
n. Law of the
Lex loci contractus. lks lk kntrakts. leks ls kantrktus.
place of the contract. The law of the jurisdiction in which a contract was
concluded. The lex loci contractus should not be confused with the law of the
place in which the contract came into force (see Lex loci celebrationis), is
performed (see Lex loci actus and Lex loci solutionis), or where the

Lex loci delicti
consideration is exchanged (see Lex loci considerationis). Sometimes abbre-

viated Lex contractus.
n. Law of the place of the
Lex loci delicti. lks lk dlkt. leks ls dulikt.
wrong. The law of the jurisdiction in which a wrongful act was committed.
L An alternative formulation is Lex delicti (commissi).
Lex loci delictus. An incorrect spelling of Lex loci delicti.
Lex loci domicilii. lks lk dmkl-. leks ls dmusil. n. Law of the place of
domicile. (1) The law of the jurisdiction in which the respondent is dom-
iciled. E.g., [T]he application of the legislation of another Member State, in
particular the State of residence, is not always precluded under Regulation
No 1408/71, since the rule laid down in Article 13 of that regulationthat an
employed person is subject to the legislation of the Member State of
employmentdoes not rule out certain benefits governed by the more
specific rules of that regulation. Thus, the application of the provisions
against overlappingmay lead to a reversal of priorities in favour of the
competence of the Member State of residence (lex loci domicilii), with
the result that there may be entitlement to allowances in that State, and
the benefits payable by the Member State of employment may be sus-
pended. Opinion of Advocate General Mazak, Bosmann v. Bundesagentur
fur Arbeit, E.C.J. Case No. C-352/06, 4849. (2) The principle of private
international law that a persons rights or obligations may be determined by
the law of the persons domicile. Commonly abbreviated Lex domicilii.
n. Neo. The
Lex loci protectionis. lks lk prtktns. leks ls prteknis.
law of the place of protection. The law of the jurisdiction in which property
(especially intellectual property) is legally registered or protected. See also Lex
originis.
n. Law of the place

Lex loci rei (sitae). lks lk r (st). leks ls r (sit).
where the thing (is situated). The law of the jurisdiction in which the
property at issue is located. Commonly abbreviated Lex rei (sitae). Compare
with Lex situs.
n. The law of the
Lex loci solutionis. lks lk sltns. leks ls salnis.
place of performance. The law of the jurisdiction in which a contract will be
performed or payment on a contract will be made.
Lex locus. A grammatically incorrect version of lex loci. For example, Lex loci
actus is sometimes erroneously written: Lex locus actus.
Lex Langobardorum. lks langbardrm. leks lbardrum. N. Lombardian
Law. The early medieval codification of the customary law of the Lombards

Lex mitius
(a northern Germanic tribe that established a kingdom in northern Italy

from the sixth century until 774 CE), first promulgated in 643 CE. The early
chapters of this law, known as the Edictus Langobardorum, represents Ger-
manic law with minimal Roman or Frankish influence. This is one of the
Leges barbarorum.
L
Law of allegiance. The
Lex ligeantiae. lks lg-ant-. leks lig-nt-. n. Neo.
law of the state to which a person owes his or her allegiance. Some com-
mentators have argued that, in private international law, the lex ligeantiae
should carry more weight than the lex loci domicilii, on the theory that an
individuals state of domicile is less important than the state to which he
owes his loyalty.
n. The law of the

Lex maioris partis. lks mayrs parts. leks mujris partis.
majority. A rule to the effect that, when a deliberative body (such as a
council, commission, court, or arbitral tribunal) must decide a question, the
simple majority decision binds the body. This rule usually applies by default
when the bodys constitution, statute, or rules of procedure do not specify by
what procedure decisions are to be made.
n. Neo. Maritime law. The law

Lex maritima. lks martma. leks maritmu.
and customs developed in seventeenth-century Europe to govern interna-
tional commercial shipping. The lex maritima formed part of the Lex mer-
catoria.
The law merchant. The

Lex mercatoria. lks mrkatr-a. leks mrkutr-u. n.
law merchant; the customary international law governing transnational
commercial transactions. The lex mercatoria dates back to the seventeenth
century in Europe and continues to be used as an interpretive aid even today
by some tribunals in international commercial disputes. It includes rules and
customs governing both transnational commercial relations and shipping.
Alternative terms are Consuetudo mercatoria and Consuetudo merca-
torum. See also Lex commercii and Lex maritima.
Lex monetae. lks mnt. leks manet. n. The law of money. The law
governing the printing, use, and disposal of currency in the issuing state.
Milder law. A principle providing that,

Lex mitior. lks mtr. leks mir. n.
if a law relating to an offense is enacted or amended after the offense was
committed, the more lenient law applies.
Lex mitius. lks mt-s. leks mius.n. The law of leniency. The law of the
jurisdiction with relatively more lenient rules or penalties. The principle that
retrospective application of new criminal laws violates the right of the

Lex naturale
accused to a fair trial may be qualified by applying the lex mitius to afford the
accused the benefit of a law more lenient than the one in force at the time the
crime was allegedly committed. See also In dubio mitius.
Natural law. A law that codifies a
Lex naturale. lks natral. leks nrl. n.
L principle of human conduct demanded by a divine power or consistent with a

posited natural moral order. Compare with Ius naturale.
Lex neminem cogit ad vana seu impossibilia. lks nmnm kgt ad wana s
mpssbl-a. leks neminum kajit d vnu sy impasibil-u. The law compels
no one toward vain or impossible things. A maxim meaning that a legal
obligation, whether arising by treaty, statute, contract, or otherwise, that is
impossible to perform must be excused. Alternative phrases are Lex non
cogit ad impossibilia; Lex non intendit aliquid impossibile; and Quod
vanum et inutile est, lex non requirit. Compare with Impossibilium nulla
obligatio est and Impotentia excusat legem. See also Lex nil frustra facit
and Lex non cogit ad inutilia.
The law does
Lex nil facit frustra. lks nl fakt frstra. leks nil fsit frustru.
nothing in vain. A maxim meaning that the law will not compel an act that
would with great probability be frustrated, ineffectual, or pointless. Alterna-
tive phrases are Lex nil frustra facit and Lex non cogit ad inutilia. See also
Impossibilium nulla obligatio est, Impotentia excusat legem, Lex neminem
cogit ad vana seu impossibilia, and Lex non cogit ad impossibilia.
The law does

Lex nil frustra facit. lks nl frstra fakt. leks nil frustru fsit.
nothing in vain. An alternative formulation of Lex nil facit frustra.
Lex non cogit ad impossibilia. lks nn kgt ad mpssbl-a. leks nan kajit d
impasibil-u. The law does not compel one to impossible things. An
alternative phrase for Lex neminem cogit ad vana seu impossibilia.
Lex non cogit ad inutilia. lks nn kgt ad ntl-a. leks nan kajit d inytil-u.
The law does not compel one to useless things. An alternative phrase for
Lex nil frustra facit.
Lex non intendit aliquid impossibile. lks nn ntndt alkwd mpssbl. leks
nan intendit likwid impasibul. The law does not intend anything impossi-
ble. An alternative phrase for Lex neminem cogit ad vana seu impossibilia.
Lex non oritur ex iniuria. lks nn rtr ks nyr-a. leks nan ritr eks injr-u.
The law does not arise from wrongdoing. A maxim meaning that one
cannot change the law merely by violating it. Generally, customary interna-
tional law only changes with long, consistent, and widespread change in state
practice.

Lex posterior
n. Unwritten law. A term

Lex non scripta. lks nn skrpta. leks nan skriptu.
denoting customary law that has not been codified in any treaty or conven-
tion. An alternative term is Ius non scriptum.
Lex ordinandi. lks rdnand. leks rdinnd. n. Law of ordering. (1) Law
relating to the procedures used before a tribunal (as opposed to the substan- L
tive law governing the dispute being litigated or arbitrated). (2) An alterna-
tive term for Lex fori. The procedural law of the forum usually governs a trial
or arbitration regardless of the substantive law applied by the tribunal.
The law of origination. The law of
Lex originis. lks rgns. leks rijinis. n.
the jurisdiction in which property originated. For example, if intellectual
property was first invented or fixed on a tangible medium in State A, and the
alleged infringement occurred in State B, it is permissible for a court of State
B seised of an infringement claim to apply its own law (lex fori) instead of the
law of State A (lex originis). See also Lex loci protectionis.
n. Neo. Pacific law.
Lex pacificatoria. lks pakfkatr-a. leks psifikutr-u.
The law relating to agreements or treaties terminating a state of war or
establishing a permanent peace between states or between states and private
armed groups. See Christine Bell, On the Law of Peace: Peace Agree-
ments and The Lex Pacificatoria (2008).
Lex patriae. lks patr-. leks ptr-. n. Law of the nation. The national law of
a state.
Lex patrimonii. lks patrmn-. leks ptrimn. n. Law of paternal estate. The
law of the jurisdiction having the greatest sovereign authority over the
subject matter in question.
Lex posterior. lks pstrr. leks pstr-r.n. Later law. (1) A law or agree-
ment adopted or effective later than another law or agreement. In general, a
later law is presumed to supersede a prior, conflicting law on the same
subject. E.g., Colombia points out that, in the present case, the argument
that the Pact of Bogot takes precedence is even stronger since the optional
clause declarations of Nicaragua and Colombia [accepting the jurisdiction
of the PCIJ] were made before the entry into force of the Pact of
Bogot. Therefore, the Pact of Bogot is not only lex specialis but also lex
posterior. Territorial and Maritime Dispute (Nicar. v. Colom.), I.C.J. Case
No. 124, Judgment of Dec. 13, 2007, 125, 47 I.L.M. 5. Compare with Vetus
ius. (2) The law effective after a specific event, especially the act to which the
law is being applied. For example, based on human rights principles of due
process of law, a defendant in a criminal case cannot generally be convicted
of violating a lex posterior. See also Lex prospicit, non respicit and Nullum

Lex posterior derogat (legi) priori
crimen sine lege.(3) An abbreviation of Lex posterior derogat (legi) priori.

Contrast with Lex anterior.
Lex posterior derogat (legi) priori. lks pstrr drgat (lg) prr. leks
pstr-r dergt (lej) prr. A later law repeals an earlier (law). A
maxim meaning that a legal rule arising after a conflicting legal rule prevails
L over the earlier rule to the extent of the conflict. The principle may apply
both to customary rules of law and to provisions of conflicting treaties
between the same parties. It is sometimes referred to by way of abbreviation
as the Lex posterior principle. But see Lex posterior generalis non derogat
priori specialis. See also Lex specialis derogat legi generali.
Lex posterior generalis non derogat priori specialis. lks pstrr gnrals
nn drgat prr spk-als. leks pstr-r jenrlis nan dergt prr spelis.
A later, general law does not repeal an earlier, specialized law. A principle
according to which a rule of lex specialis that conflicts with a later general
treaty provision or rule of customary law is not usually considered to be
repealed or amended. The rationale for this rule is that, in adopting general
rules, the international community should not be assumed to intend to
expunge preexisting nuances of the law. But see Lex posterior derogat legi
priori. See also Lex specialis derogat legi generali.
Lex praevia(, stricta, scripta, et certa). lks prw-a(, strkta, skrpta, t krta).
leks prv-u(, striktu, skriptu, et srtu). n. Prior(, strict, written, and settled)
law. Law that fulfills the legality requirement in being antecedent, pub-
lished, clear, and authoritative on the legality or illegality of an act. These
criteria are often considered preconditions for finding a defendant liable for a
criminal act under human rights principles of due process of law. An
alternative spelling is Lex previa. See also Nulla poena sine lege and Nullum
crimen sine lege.
Lex previa(, stricta, scripta, et certa). An alternative spelling of Lex praevia(,

stricta, scripta et certa).
Lex privata. lks prwata. leks prvtu. n. Private law. In Roman law, a contract
rule binding only on parties to the agreement in which the rule appears. This
term should not be confused with the concept of private international law.
Lex prospicit non respicit. lks prspkt nn rspkt. leks prspisit nan respisit.
The law looks forward, not backward. A maxim meaning that laws are
generally deemed or presumed not to have retroactive effect. In the case of
international criminal law, this rule is generally considered mandatory under
the doctrine nullum crimen sine lege. See also Ex post facto, Lex posterior,
and Nullum crimen sine lege.

Lex Salica
Lex publica. lks pblka. leks publiku. n. Public law. In Roman law, published
legislation binding on the populace at large.
Lex rei (sitae). An abbreviation of Lex loci rei (sitae).
The
Lex respicit aequitatem. lks rspkt kwtatm. leks respisit ekwittum.
law considers equity. A maxim meaning that, in applying law, a tribunal L
should consider and incorporate principles of equity to avoid injustice.
Compare with Aequitas nunquam contra venit legem.
N. Law of the Ripuarians. The

Lex Ripuaria. lks rpar-a. leks ripy-er-u.
early medieval codification of the customary law of the Ripuarian Franks
(a tribe of Franks inhabiting the mid-Rhine river area), completed in the
seventh century. The Lex Ripuaria is based on the Lex Salica and strongly
influenced later codes, such as the Lex Saxonum. This is one of the Leges
barbarorum.
Lex Romana Burgundionum. lks rmana brgndnm. leks rmnu brgund

num. N. Roman Law of the Burgundians. The early medieval codification
of the law of the Burgundians (see Lex Burgundionum) governing relations
between Roman subjects living in Burgundian territory. The code was
strongly influenced by Roman law and dates to the seventh century at the
latest. This is one of the Leges barbarorum.
Lex Romana Curiensis. lks rmana kr-nss. leks rmnu kr-enzis. N.

Roman Law of the Chur. The early medieval codification of the law of
the Germanic peoples inhabiting eastern Switzerland governing relations
between Roman subjects living in the duchy of Chur, completed between the
eighth and mid-ninth centuries. The code was strongly influenced by
Roman law and the Lex Romana Visigothorum. This is one of the Leges
barbarorum.
Lex Romana Visigothorum. lks rmana wsgt-hrm. leks rmnu vizigay

rum. N. Roman Law of the Visigoths. The early medieval codification of
the law of the Visigoths (see Lex Visigothorum), completed by Alaric II in
506 CE. This code governed relations between Roman subjects rather than
Visigoths or between Romans and Visigoths. Also known as the Breviary of
Alaric. This is one of the Leges barbarorum.
Salic Law. The early medieval codifica-

Lex Salica. lks salka. leks sliku. N.
tion of the customary law of the Salian Franks (a Frankish tribe inhabiting
the northern Netherlands), completed by Clovis I in the sixth century. The
Lex Salica strongly influenced the laws later issued by the Frankish king
Charlemagne (Carolus Magnus). This is one of the Leges barbarorum.

Lex Saxonum
Lex Saxonum. lks saksnm. leks sksnum. N. Saxon Law. The early medie-
val codification of the customary law of the Saxons (a confederation of Ger-
manic tribes inhabiting Netherlands and Britain), issued by the Frankish king
Charlemagne (Carolus Magnus) in 785 CE. The law was issued to help subdue
the Saxons by blending Frankish law with Saxon pagan customs. This law was
L heavily influenced by the Lex Ripuaria and is one of the Leges barbarorum.
Lex scripta. lks skrpta. leks skriptu. n. [pl. Leges scriptae. lgs skrpt. lejz
skript.] Written law. A written or codified law or treaty, as opposed to
unwritten customary law. An alternative formulation is Ius scriptum. Con-
trast with Lex non scripta.
Lex semper dabit remedium. lks smpr dabt rmd-m. leks sempr dbit
rumd-um. The law will always give a remedy. A maxim meaning that
every violation of a legal right should give rise to some form of remedy to the
aggrieved party. See, e.g., International Covenant on Civil and Political
Rights art. 2(3), Dec. 9, 1966, 999 U.N.T.S. 171.
Lex simulata. lks smlata. leks simylatu. n. Neo. Simulated law. Documents,
statements, or practices that appear superficially to be legally binding but in
fact merely appear or are intended to appear to create binding norms.
Compare with Lex imperfecta.
Lex situs. lks sts. leks stus or -situs. n. The law of position. The law of the
jurisdiction in which the property that is the subject of litigation is located.
Compare with Lex (loci) rei (sitae). See also Lex fori et situs.
n. The law of the society. The
Lex societatis. lks sk-tats. leks ss-ettis.
law governing a defined group, such as a group of state members of an
intergovernmental organization. With some exceptions, such law does not
generally bind nonmembers of the organization.
Lex specialis. lks spk-als. leks spelis. n. Special law. Law unique to a
particular regime or applicable in specific scenarios, such as international
trade law disciplines or international humanitarian law, as opposed to law
generally applicable in a variety of international relations, such as general
rules of treaty interpretation or state liability for wrongful acts. E.g., The test
of what is an arbitrary deprivation of life [during armed conflict]fails to be
determined by the applicable lex specialis, namely, the law applicable in
armed conflict which is designed to regulate the conduct of hostilities.
Advisory Opinion Concerning the Legality of the Threat or Use of Nuclear
Weapons, 1996 I.C.J. Rep. 226, 25. Contrast with Lex generalis. See also
Lex specialis derogat legi generali and Lex posterior generalis non derogat
priori specialis.

Lex validitatis
Lex specialis derogat legi generali. lks spk-als drgat lg gnral. leks
spelis dergt lej jenrl. Special law repeals general laws. A principle
according to which a rule of lex specialis is deemed to apply notwithstanding
contrary general principles of international law. The priority given to lex
specialis is considered justified by the fact that the lex specialis is intended to
apply in specific circumstances regardless of the rules applicable more gen- L
erally where those circumstances may be absent. See also Lex posterior gen-
eralis non derogat priori specialis, Lex posterior derogat legi priori, and
Lex specialis.
Lex sportiva (internationalis). lks sprtwa (ntrnatnals). leks sprtivu

(intrnunlis). n. Neo. The (international) law of sports. (1) The interna-
tional laws and regulations relating to athletic contests, such as the Olympic
Games or World Cup. (2) The jurisprudence of international tribunals on
matters relating to sports, especially that of the Court of Arbitration for
Sport. See Grald Simon, Puissance sportive et ordre juridique
etatique (Paris: Librairie gnrale de droit et de jurisprudence ed., 1990).
n. Higher law. (1) A body of law of

Lex superior. lks sprr. leks sprr.
greater legitimacy than another body of law. (2) A body of law that super-
sedes another, conflicting body of law. Contrast with Lex inferior.
n. The law of retaliation. A law

Lex talionis. lks talns. leks tlnis.
requiring punishment of a crime no greater than, or that mirrors or is
proportional to, the crime itself. The term derives from a Roman law in
which a false accusation that caused the accused to be unjustly tortured
would, upon discovery, subject the accuser to torture himself or herself.
Earlier examples of similar laws may be found in the Torahs Exodus
21:2325, the Code of Hammurabi, and elsewhere. Compare with Ius talionis.
Lex uno ore omnes alloquitur. lks n r mns allkwtr. leks n r am

nz ulkwitr. The law speaks to all with one mouth. A maxim meaning
that all persons are treated equally under the law regardless of power, wealth,
or connections. The equality of all persons before the law has been adopted
as a foundational principle in most major international human rights instru-
ments. See, e.g., Universal Declaration of Human Rights art. 1, G.A. Res. 217
A(III), UN Doc. A/810 (Dec. 10, 1948); International Covenant on Civil and
Political Rights arts. 2(1), 3, Dec. 9, 1966, 999 U.N.T.S. 171.
Law of validity. The principle

Lex validitatis. lks waldats. leks vulidittis. n.
that contracts entered into in one state are presumptively valid and enforce-
able in other states absent a conflicting public policy in the state in which
recognition or enforcement is sought.

Lex Visigothorum
N. Visigothic Law.
Lex Visigothorum. lks wsgt-hrm. leks vizigayrum.
The early medieval codification of the customary law of the Visigoths (a
Germanic tribe inhabiting Spain and France south of the Loire River),
originally compiled by King Chindasuinth in 642 or 643 CE. Later versions
of this code abolished the distinction between Visigoths and Romans that
L gave rise to the Lex Romana Visigothorum. This is one of the Leges bar-
barorum.
Liber amicorum. lbr amkrm. lbr- or libr mikrum.n. Book of the

friends. A volume containing essays in honor of a celebrated person, or
sometimes organization or subject. The topics treated in the essays may be
unrelated or may relate to the work of the celebrated person or subject. A
liber amicorum is sometimes referred to by its German name, Festschrift.
Libertas. lbrtas. librtas. n. Liberty. Freedom; liberty.
Liberum veto. lbrm wt. librum vt. n. Free veto. A legally uninhibited
right to veto a decision or law. The use of a liberum veto rule is not common
in international law, but it is sometimes used when majoritarian decision-
making threatens the perceived vital interests of some members of the
organizationa notable example being the liberum veto of the permanent
members of the UN Security Council on nonprocedural matters. See UN
Charter art. 27(3). The term appears to originate in seventeenth-century
Poland, where the sejm (parliament) adopted a liberum veto procedure giving
each member a right to veto a bill under consideration as well as any other
legislative act during the session. See J.B. Bury, 8 Cambridge Medieval
History 56667 (C.W. Previt-Orton and Z.N. Brooke eds., 1936).
Licentia. lknt-a. lsenu. n. License. Permission; authorization.
Liga. lga. ligu. n. A tying together. A confederation or league; an alliance.
n. Liege. A person owing a duty of loyalty to another

Ligius. lg-s. lijus.
(usually, to a sovereign).
Lingua franca. lnga franka. liwu frnku. n. Frankish language. A language

widely used as a common means of communication among peoples of
diverse speech. Examples include Latin in ancient and medieval Europe,
Arabic in the medieval Islamic Empire, and French from the seventeenth
century in Europe until modern times. E.g., [T]here is no modern lingua
franca in international commercial and legal relations, despite the dominance
of English. Opinion of Advocate General Trstenjak, Ingenieurburo Michael
Weiss & Partner GbR v. Industrie- & Handelskammer Berlin, E.C.J. Case
No. C-14/07, 58.

Loco citato
Lis. ls. lis. n. Lawsuit. A dispute; a lawsuit.

Lis alibi pendens. ls alb pndns. lis lib pendenz. n. Lawsuit pending
elsewhere. A lawsuit or dispute currently under consideration by a tribunal
in another jurisdiction. In some circumstances, lis alibi pendens functions as a
defense to duplicative litigation in a forum other than the one originally L
seised of the dispute. The term is sometimes, though rarely, abbreviated Lis
pendens.
Lis pendens. ls pndns. lis pendenz.n. Pending lawsuit. (1) A lawsuit

currently under consideration by a tribunal. Compare with Lis sub iudice.
See also Pendente lite. (2) In common law jurisdictions, an encumbrance on
property filed for the duration of a trial to secure the defendants assets
against an eventual judgment. (3) An abbreviation of Lis alibi pendens.
n. Lawsuit before the
Lis sub iudice. ls sb ydk. lis sub jdis or -jds.
judge. A case currently under consideration by a tribunal. Compare with Lis
pendens. See also Sub iudice.
Literae mortuae. ltr mrt-. litr mr-. n. pl. Dead letters. Words in a
legal instrument having no meaning or purpose; filler language. In interna-
tional treaty interpretation practice, there is a strong presumption against
interpreting treaty provisions as literae mortuae except in preambular language.
See South West Africa Cases (Eth. v. S. Afr.; Liber. v. S. Afr.), 1966 I.C.J. Rep. 6,
125, 38 (Second Phase) (separate opinion of Judge Van Wyk).
Litus est quousque maximus fluctus a mari pervenit. lts st kw-skw ma
ksms flkts a mar prwnt. litus est kwskw mksimus fluktus mar prve
nit. The coast is the point up to which the highest tide from the sea reaches.
An archaic maxim, originating in Justinians Digest (50.16.96), meaning that,
for the purpose of measuring the breadth of the territorial sea for determin-
ing jurisdiction under the law of the sea, measurement begins at the high-
water line along the coast. The Digest attributes the maxim to one of Ciceros
pronouncements as an arbitrator. But see the UN Convention on the Law of
the Sea art. 5, Dec. 10, 1982, 21 I.L.M. 1245 (1982).
Shore of the sea. (1) The shore of the
Litus maris. lts mars. litus meris. n.
sea between the neap high tide and low tide. (2) The coastal area of the sea
generally.
Loc. cit. An abbreviation of Loco citato.
In the place cited. A citation signal
Loco citato. lk ktat. lk sitt. adj.
referring to a reference previously cited in the same work of authorship.
Commonly abbreviated Loc. cit.

Loco parentis
Loco parentis. lk parnts. lk parentis. An abbreviation of In loco parentis.
Locus. lks. lkus. n. Place. (1) Venue. (2) Place. (3) Location.
The place rules the
Locus actum regit. lks aktm rgt. lkus ktum rejit.
act. A maxim of conflict of laws jurisprudence meaning that the law of the
L jurisdiction in which a wrongful act occurred, or where a contract was
concluded, normally determines the legal consequences of the act or validity
of the contract. An alternative formulation is Locus regit actum. See also Lex
loci actus.
Place of the act. The place where an

Locus actus. lks akts. lkus ktus. n.
act occurred; the place where a contract was performed. See also Lex loci actus.
Locus classicus. lks klassks. lkus klsikus. n. Classic place. The para-
digm or original of a thing or idea. E.g., The obligation to negotiate has
been well defined by the Court in a passage of an Advisory Opinion which has
become a locus classicus. Continental Shelf Case (Tunis.-Libya), 1982 I.C.J. Rep.
18, 144 ( Judge Gros, dissenting).
Place of the contract.
Locus contractus. lks kntrakts. lkus kantrktus. n.
The place was a contract was concluded. See also Lex loci contractus.
Locus criminis. lks krmns. lkus kriminis. n. Place of the crime. The
place where the crime was committed.
Locus damni. lks damn. lkus dmn.n. The place of injury. The juris-
diction in which a wrongful injury occurred.
n.
Locus delicti (commissi). lks dlkt (kmmss). lkus dulikt (kamis).
Place of the (committed) wrongdoing. The place where a wrongful or
injurious act took place.
Locus in quo. lks n kw. lkus in kw. n. Place in which. The place where
the relevant event occurred.
n. Public place. A place

Locus publicus. lks pblks. lkus publikus.
owned by the state or the community in common.
Locus regit actum. lks rgt aktm. lkus rejit ktum. An alternative formu-
lation of Locus actum regit.
Locus solutionis. lks sltns. lkus salnis. n. Place of the solution.
The place of performance of an obligation.
n. Place of standing. The place or
Locus standi. lks stand. lkus stnd.
tribunal where a party has standing to appear or bring an action.

Lux
Longa patientia trahitur ad consensum. lnga pat-nt-a trahtr ad knsn

sm. lau penu trhitr d kunsensum. Long forbearance is interpreted as
consent. A maxim meaning that longstanding toleration of a practice,
arguably including a violation of a states recognized right under internation-
al law, is construed as consent or agreement in the legality or acceptability of
the practice in the absence of coercion or duress. L
Longa possessio ius parit. lnga pssss ys part. lau puzes jus parit.
Long possession begets a right. A maxim meaning that a claim to territory
or property is strengthened by the longstanding, peaceful, and uncontested
possession of the property. See also Uti possidetis.
Lucrum cessans. lkrm kssans. lkrum sesenz. n. pl. Ceased profits. Lost
profits resulting from the destruction of, damage to, or deprivation of an
income-producing asset or nonperformance of an obligation. E.g., In Indo-
nesian law, like in all systems of civil law, damages are to compensate the
whole prejudice, whose two classical components are the loss suffered
(damnum emergens) and the expected profits which are lost (lucrum cessans).
Amco Asia Corp. v. Indonesia, ICSID Case No. ARB/81/1, Award of Nov. 20,
1984, 266. Contrast with Damnum emergens.
Lux. lks. luks. n. Light. (1) Light. (2) Enlightenment. (3) Metaphorically, the
source of knowledge or understanding.

M
................................
M.Jur. An abbreviation of Magister iuris.
M.O. An abbreviation of Modus operandi.
Magister iuris. magstr yrs. mjistr jris. n. Master of law. A postgraduate

professional law degree first introduced by Oxford University and usually
awarded after one year of study. Commonly abbreviated M.Jur.
Magister navis. magstr naws. mjistr nvis. n. Master of the ship. A ships
master; the captain of a seagoing merchant vessel.
Magna Carta (Libertatum). magna karta (lbrtatm). mgnu kartu (librttum).

N. Great Charter (of Freedoms). A charter executed in 1215 to resolve
disagreements among Pope Innocent III and King John and his English
barons about the scope of the English kings powers and the rights of
the barons and freemen. The Magna Carta was renewed repeatedly
during the medieval period and thereafter. Only a few provisions remain
in force in England today, but the document exerted a substantial influence
on the early constitutions of common law countries and on the foundational
concepts of international human rights law.
Magna cum laude. magna km ld. mgnu kum ld or -ld. adj. or adv. Neo.
With great praise. With great distinction or honors. The term is common-
ly applied to a graduating student who has achieved notable academic
distinction, more than a student who simply graduates cum laude but less
than one who graduates summa cum laude. See also Cum laude and Summa
cum laude.
Magnum opus. magnm ps. mgnum pus. n. Great work. An alternative

formulation of Opus magnum.
182
Malum in se
n. Sovereign power. The sovereign power,

Maiestas. m-stas. mjestus.
comprised of Dominium and Imperium, to legislate or act publicly on behalf
of a political entity.
Maior continet (in se) minus. mayr kntnt (n s) mns). mjur kantinet (in
s) mnus. The greater includes (in itself ) the lesser. An alternative phrase M
for In eo quod plus sit semper inest et minus.
Maius ius. mays ys. mjus jus. n. Greater right. A right that is considered
superior to another right.
Mala fide. mala fd. mlu fd or -fd. adv. In bad faith. Done with injurious,
immoral, or unlawful intent. Compare with In malam partem and Malo
animo.
n. Bad faith. Injurious, immoral, or

Mala fides. mala fds. mlu fdz.
unlawful intent. Contrast with Bona fides.
Male captus bene detentus. mal kapts bn dtnts. ml kptus ben dten
tus. Wrongly captured, well kept. A doctrine according to which the
wrongfulness of an arrest or abduction does not negate the validity of detention
or imprisonment. Under this doctrine, although jurisdiction over a defendant
may have been acquired by the forum state through a violation of international
law, such as an excess of enforcement jurisdiction, the forum state may
nonetheless exercise its jurisdiction lawfully over the defendant once he is
within its judicial jurisdiction. For example, if a person accused of violating
the law of the forum state is illegally apprehended on the high seas or forcibly
abducted from a different, nonconsenting country, the doctrine of male captus
bene detentus could be invoked with the intention of defeating challenges to the
legality of his subsequent trial. The doctrine is contested, however, and has not
been consistently applied by national or international tribunals.
Mala in se. See Malum in se.
Mala prohibita. See Malum prohibitum.
Maleficium. malfk-m. mlefium. n. Harm. An injury or harm. Compare

with Dolus.
Malo animo. mal anm. ml nim. adv. With evil intent. Done with the
intent to cause harm or to violate the law. Compare with Mala fide.
Malum in se. malm n s. mlum in s. n. [pl. Mala in se. mala n s. mlu in s.]
An evil in itself. An act that is considered ethically wrong or wrong under a
theory of natural law. Contrast with Malum prohibitum.

Malum necessarium
Malum necessarium. malm nkssar-m. mlum neseser-um. n. A necessary

evil. A condition or situation thought to be unfortunate but unavoidable.
Malum prohibitum. malm prhbtm. mlum prhibitum. n. [pl. Mala prohi-

An evil by prohibition. An act that is
bita. mala prhbta. mlu prhibitu.]
M illegal because of a specific law forbidding it, but that does not violate any
tenet of ethics or theory of natural law. Contrast with Malum in se.
Mandamus. mandams. mndmus. v. (commonly used as a n.) We com-

mand. An order from a tribunal, usually from an appellate tribunal ordering
a lower tribunal to perform a ministerial function.
Mandatum. mandatm. mndtum. n. Command; contract. (1) In maritime

law, a contract by which the owner of property authorizes an agent to sell
or otherwise dispose of the property without fee or reward. (2) A command
given from a superior to an inferior, such as a governor might issue to
his officials. (3) In Roman law, a contract. An actio mandati at Roman law
was a lawsuit premised on the nonperformance of a contract. See also
Accomenda.
Manifesta probatione non indigent. manfsta prbatn nn ndgnt. mn-

ifestu prbn nan indijent. Obvious facts need no proof. A maxim mean-
ing that, in a litigation, there is no need to produce evidence to prove what is
self-evident or well known to everyone.
Manu militari. man mltar. mn militer. adv. By the hand of the military.
By armed force; by military action.
Manu propria. man prpr-a. mn prapr-u. adv. By ones own hand. By

ones own act.
Mare. mar. mar. n. Sea. (1) A sea. (2) The high seas; an alternative term for
Altum mare.
Mare adiacens. mar adyakns. mar djsenz. n. Adjacent sea. The area of
sea adjacent to the littoral coast of a state. E.g., [T]he delimitation of sea
areas is considered from a legal point of view when it concerns the question
of mare adjacens. Fisheries Jurisdiction (U.K. v. Ice.), 1974 I.C.J. Rep. 3, 80
Mare altum. mar altm. mar ltum. n. High sea. An alternative formulation
of Altum mare.
Mare apertum. mar aprtm. mar prtum. n. Open sea. An alternative

term for Mare liberum.

Medium filum acquae
Mare clausum. mar klsm. mar klzum. n. Closed sea. (1) A sea the access
to which by seagoing vessels is restricted. (2) An expression denoting the idea
that the seas or waterways may not be traversed without the consent of states
with powerful navies that have staked a claim to the traversed area. Contrast
with Mare apertum and Mare liberum.
M
Mare Clausum Sive de Dominio Maris. mar klsm sw d dmn mars.
mar klzum siv d dmin maris. N. A Closed Sea Follows from Maritime
Sovereignty. The title of the treatise on international law of the sea written
in 1635 by English jurist John Selden (15841654).
Mare liberum. mar lbrm. mar librum. n. Free sea. (1) The high seas; a
sea open to unimpeded navigation by vessels of all states. Compare with
Altum mare. (2) An expression denoting the idea that the high seas and
oceans may be traversed by all without interference or territorial claim by any
state. An alternative term is Mare apertum. Contrast with Mare clausum.
n. Our sea. The high seas
Mare nostrum. mar nstrm. mar nastrum.
conceived as the common heritage of humankind. See Philip Allott and
John Boroughs, Mare Nostrum: A New International Law of the Sea, 86
Am. J. Intl L. 764 (1992).
Maritima incrementa. martma nkrmnta. meritmu inkrumentu. n. Marine
increase. Land gained from the sea over time by gradual alluvial accretion.
Maxime paci sunt contraria vis et iniuria. maksm pak snt kntrar-a ws t
nyr-a. mksim ps sunt kantrer-u vis et injr-u. The greatest opponents
of peace are force and wrongdoing. An alternative formulation of Paci sunt
maxime contraria vis et iniuria.
Mea culpa. ma klpa. mu klpu. n. My fault. (1) An admission that an act or

omission was the fault of the speaker or author. (2) By extension, an apology.
Media concludendi. md-a knkldnd. md-u kankldend. n. Means of
concluding. The means of argumentation; the links in a chain of reasoning.
Media sententia. md-a sntnt-a. md-u sentenu. n. Middle thought.
A moderate view; a view between two extremes.
Medio tempore. md tmpr. md tempr. adv. In middle time.
Meanwhile; in the meantime.
Medium filum acquae. md-m flm akkw. md-um flum akw. n. The
middle thread of water. The geographical middle of a watercourse (such as a
river or stream) as measured by a line equidistant from the river banks that
divides the watercourse into two halves of equal width. The medium filum

Melior est causa possidentis
aquae is sometimes used for delimiting a boundary between two owners of

territory on opposite sides of the watercourse. In international practice, the
filum aquae and the thalweg (the middle of the navigable fluvial channel) are
alternative means of delimiting a boundary using a watercourse, with the
latter usually preferred because of its navigational importance. E.g., A line
M midway between the banks of a river, known as the medium filum acquae,is
easily established, for every point of the midline is equidistant from the
nearest points on the opposite shores. Georgia v. South Carolina, 497 U.S.
376, 40001 (1990). Sometimes abbreviated Filum acquae. See also Usque ad
filum acquae.
Melior est causa possidentis. mlr st ksa pssdnts. mel-r est kzu
psidentis. The possessors case is better. An alternative phrase for In pari
causa possessor potior haberi debet.
Melior est condicio defendentis. mlr st kndk dfndnts. mel-r est

kundi defendentis. The defendants condition is better. An alternative
phrase for In pari delicto potior est condicio defendantis.
Melior est condicio possidentis. mlr st kndk pssdnts. mel-r est

kundi psidentis. The possessors condition is better. An alternative
phrase for In pari causa possessor potior haberi debet.
Mens legis. mns lgs. menz lejis. n. Intent of the law. The intent or spirit of
the law.
Mens rea. mns ra. menz ru. n. A guilty thought. The element of mental
guilt necessary for a finding of criminality, except in strict or absolute liability
offenses. Most crimes require not only the performance of a prohibited
physical act (actus reus), but wrongful intent (mens rea) as well. E.g., The
coordinated fashion and number of crimes is an indication of the existence of
an organized scheme. Kordic had the necessary mens rea since he intended
the crimes or accepted the risk that they would be committed. Prosecutor v.
Kordic, I.C.T.Y. Case No. IT-95-14, Judgment of Feb. 26, 2001, 832.
Compare with Animus malus, Dolus malus, and Scienter. See also Actus reus.
Mercenarius. mrknar-s. mrsener-us. n. Mercenary. (1) A mercenary; a

professional soldier working for a government other than that of his own
state of nationality. (2) An employee; hired labor.
Merces. mrks. mrsz. n. Wealth. (1) Wealth; money. (2) In Roman law,
payment made for goods or services either pursuant to a contract or gratu-
itously as a gift or honorarium.

Mitiori sensu
Mero motu. mr mt. mr mt. adv. By mere motion. An alternative

term for Sua sponte.
Merx. mrks. mrks. n. pl. Merchandise. Merchandise; commercial goods.
adj. (often used as a n.) My. That which is

Meum. mm. mum or mum.
M
mine, as opposed to that which does not belong to me. The expression
meum and tuum, or meum versus tuum, generally refers to the concept of
individual private property ownership. E.g., By means of a newly conceived
law of the sea made within the social processes of a newly conceived interna-
tional society, humanity can participate in and with the sea space of the world
with unlimited sophistication and sensitivity, not stifled by the artificial bonds
of meum and tuum, not condemned to the rule of the past over the future, but
free to create a social future of material and moral progress. Philip Allott
and John Boroughs, Mare Nostrum: A New International Law of the Sea, 86
Am. J. Intl L. 764, 779 (1992). Contrast with Tuum.
Miles. mls. mlz.n. [pl. Milites. mlts. militz.] Soldier. (1) A soldier.
(2) A soldier of noble rank; a knight.
Minus petita. mns ptta. mnus petitu. adv. Less than requested. An
alternative term for Infra petita.
Minus solvit qui tardius solvit. mns slwt kw tard-s slwt. mnus salvit
kw- or kw tard-us salvit. He who pays later pays less. A maxim, originat-
ing in Justinians Digest (50.15.12.1), meaning that a debtor who pays its
creditor later in time pays less than the amount owed, in the sense that the
debtor deprives the creditor of the interest on the debt (in economic terms,
the time value of the money) that would have accrued to the creditor had
payment been made when originally due. An alternative formulation is Qui
tardius solvit minus solvit. See also Ex mora and Mora.
Mirabile dictu. mrabl dkt. mirbil dikt. adj. Wonderful to relate.

Wonderful to tell. In modern usage, the phrase is sometimes, though not always,
used ironically. E.g., Then of course, you turn it round the other way because you
go on to say, Mirabile dictu both [Pakistan and Malaysia, which provided 93.4%
of the initial funding for the International Criminal Tribunal for the Former
Yugoslavia,] have been given the right to appoint judges to the panel, so the
suggestion there is because they gave the money, they got the judges. Transcript
of Mar. 18, 2003, at 13802, Prosecutor v. Stakic, ICTY Case No. IT-97-24-T.
Mitiori sensu. mtr sns. mir sens. adv. In the milder sense. An
abbreviation of In mitiori sensu.

Mobilia sequuntur personam
Mobilia sequuntur personam. mbl-a sk-ntr prsnam. mbil-u sekwun

tr prsnum. Movable things follow the person. A maxim meaning that,
when the owner of personal property (and not real property) changes his
domicile, the law of the new domicile governs the property even if the property
is physically located in a different jurisdiction. This maxim expresses an excep-
M tion applicable to certain specific matters (such as succession) rather than the
rule, which is that a state may exercise jurisdiction over, and apply its law to, any
personal property within its borders. E.g., If A dies domiciled in the United
States of America, leaving movable property locally situate in England, the
latter country has complete jurisdiction over the property, but the law of
England, in order to decide on whom the property devolves on the death of
A will not apply the English law of succession, but will ascertain and apply the
American law. In other words, it is the law of Englandnot the law of
Americathat applies the principle of mobilia sequuntur personam in exercising
its jurisdiction over the movable property in England, the locus of the latter
remaining unchanged; in no sense could the property be described as within
America. Alberta (Provincial Treasurer) v. Kerr, [1933] A.C. 710, 18 (Can.).
Modus et conventio vincunt legem. mds t knwnt wnknt lgm. m
dus et kanven vinkunt lejem. A course of dealing and agreement conquer
law. A maxim meaning that parties to an agreement or custom may establish
practices (e.g., by treaty) that trump contrary rules of law as between themselves.
This maxim applies not only to private contracts, but to treaties that may derogate
from customary international law without affecting the rights of third parties.
The usual exception applies to rules of ius cogens.
Modus operandi. mds prand. mdus aprnd. n. Manner of operating.
The habitual or traditional means or procedure by which one pursues or
achieves ones goals. Sometimes abbreviated M.O.
Modus procedendi. mds prkdnd. mdus prsudend. n.Manner of pro-
ceeding. The order in which contracting or treaty parties are to perform
their respective obligations.
n. Manner of
Modus transferrendi. mds transfrrnd. mdus trnsfrend.
transfer. The means by which an instrument or property is transferred.
Modus vacandi. mds vakand. mdus vuknd. n. Manner of vacating. The
method one uses for renouncing ones own claims to or legal rights in something.
Modus vivendi. mds wwnd. mdus vivend. n. Manner of living. A
provisional agreement intended to be temporary but binding for its duration.
In international practice, a modus vivendi is usually adopted by states with
the intent of preserving a status quo until a more detailed or permanent treaty

Mutuus dissensus
can be concluded. The modus vivendi may or may not state its provisional
character explicitly and may take the form of an exchange of notes or of an
executed agreement or treaty. E.g., Suriname asserts that based on the oil
concession practice of the Parties, Guyanas actions were in breach of the 1989
modus vivendi and signalled an aggressive posture by Guyana. Guyana v.
Suriname, Perm. Ct. Arb., Award of Sept. 17, 2007, 183, 47 I.L.M. 166 (2008). M
Mora. mra. mru. n. Delay. A delay. In Roman law, mora signified a willful
delay in fulfilling a contractual obligation that could give rise to an obligation to
compensate for the delay, such as the payment of moratory interest on a mature
debt. See also Ex mora and Minus solvit qui tardius solvit.
adv. In the manner of a married
More uxorio. mr ksr. mr ugzr.
woman. In a relationship not formalized as a marriage but sufficiently
comparable to impose duties on and create at least some rights similar to a
marriage between the partners, as when romantically involved persons have
cohabited over a long period. Such relationships may have consequences
under conflict of laws principles.
Motu proprio. mt prpr. mt prapr. adv. By its own motion. An
alternative formulation of Proprio (suo) motu.
n. Modification of the com-
Mutatio libelli. mtat lbll. myt lbel.
plaint. An amendment to or revised version of a complaint or petition.
Mutatis mutandis. mtats mtands. myttis mytndis. adv. With the nec-
essary changes. A phrase denoting that a statement applies to matters or
things other than those mentioned, with appropriate alterations or adjust-
ments as to the particularities or details. E.g., [I]t shall be recorded in an
exchange of notes between the undersigned that the convention between
Great Britain and Venezuela of October 29, 1834, which adopted and
confirmed, mutatis mutandis, the treaty of April 18, 1825, between Great
Britain and the State of Colombia, shall be deemed to be renewed and
confirmed. Protocol Between Great Britain and the United States of
Venezuela Relating to the Settlement of British Claims and Other Matters,
signed at Washington, D.C., Feb. 13, 1903, in The Venezuelan Preferential
Case (Ger., Gr. Brit., & Italy v. Venez.), Perm. Ct. Arb. Award of Feb. 22,
1904, H.C.R. (Series 1), at 69 (Scott 1916).
n. Mutual disagree-
Mutuus dissensus. mt-s dssnss. my-us disensus.
ment. (1) A difference of opinion. (2) A dispute or the basis therefor.

N
................................
N.B. An abbreviation of Nota bene.
n.l. An abbreviation of Non liquet.
Nasciturus pro iam nato habetur quotiens de commodis eius agitur. naskt
rs pr am nat habtr kwt-ns d kmmds ys agtr. nitrus pr jm
nt hbetr kwt-enz d kamdis ejus jitr. An unborn child is considered
born when his interests are taken into account. A maxim, originating in
Justinians Digest (1.5.7), meaning that a persons interests define his or her
relevance to the law and no interest can be disregarded once some interests
are taken into account. It follows from this maxim that a person is defined
from the laws point of view by the whole of his or her rights (and,
correspondingly, duties).
Naulum. nlm. nlum. n. Gr. Fare. Passenger or freight fare; a shippers fee
for the maritime transportation of goods or persons.
Nauta. nta. ntu. n. Seaman. A seaman; a sailor.
Navicularius. nawklar-s. nvikyler-us. n. Small ship; shipowner. The

owner of a seagoing merchant vessel or freighter.
Navis. naws. nvis. n. Ship. A seagoing vessel; a ship.
Ne bis in idem. n bs n dm. n bis in dum. Not twice for the same thing.
A principle of civil law dictating that no person should be tried twice for the
same illegal act. The principle, sometimes called the double jeopardy rule
in common law countries, has been incorporated into international criminal
law. See Rome Statute of the International Criminal Court art.
20. An alternative formulation is Non bis in idem. An alternative phrase is
Nemo bis vexari pro (una et) eadem causa. Compare with Nemo bis punitur
pro eodem delicto.
190
Necessitas culpabilis
May he not depart

Ne exeat (regno). n ks-at (rgn). n egz-t (regn). v.
(from the state). (1) Any prohibition on departure from a territory. (2) An
equitable writ or an order restraining a person from leaving a territory,
usually issued against a defendant pending a criminal trial or against a person
having temporary custody of a child pending a final custody decision. Also
sometimes written in modern times as Ne exeat republica. Contrast with Exeat. N
imp. v. Do not
Ne exeat republica. n ks-at rpblka. n egz-t rpubliku.
let him depart from the republic. A modern alternative phrase for Ne exeat
(regno).
Ne impediatur legatio. n mpd-atr lgat. n imped-utr leg. May the

legation not be impeded. A maxim expressing the immunity of diplomatic
persons and their papers to detention, civil suit, or arrest. This term may also
apply to the premises of an embassy or, to a lesser extent, consulate. See
Vienna Convention on Diplomatic Relations arts. 22, 27, 2931, Apr. 18,
1961, 500 U.N.T.S. 95; Vienna Convention on Consular Relations arts.
3135, 41, 43, 4950, Apr. 24, 1963, 596 U.N.T.S. 261.
Ne iudex ultra petita partium. n ydks ltra ptta part-m. n jdeks ltru
petitu part-um. May the judge not award beyond the demands of the
parties. An alternative phrase for Ne ultra petita (partium).
n. No further. (1) The highest

Ne plus ultra. n pls ltra. n plus ltru.
point capable of being reached or attained. (2) The pinnacle of achievement.
(3) The point beyond which one cannot proceed.
v. imp. May there be no variation. A

Ne varietur. n war-tr. n ver-utr.
form of initialing on a document by treaty negotiators to indicate that the
document is authentic. The ne varietur initialing is not considered to convert
the document from a nonbinding draft to binding treaty, but merely to
indicate provisional agreement on the accuracy and authenticity of the
negotiated text. E.g., [A]n acte authentique is an instrument certified by a
third authority who is competent for the purpose. It has a public and
permanent character. It is perfect in itself, without ratification. It is inserted
in the minutes of the notaries, ne varietur. Ernest Satow, A Guide to
Diplomatic Practice 110, 176 (Neville Bland ed., 4th ed., 1957)
Nec vi nec clam nec precario. nk w nk klam nk prkar. nek v nek klm nek
prekar. adv. Neither by force, nor secretly, nor by entreaty. An abbre-
viated form of Possessio nec vi nec clam nec precario.
n. Culpable
Necessitas culpabilis. nksstas klpabls. nusesitas klpbilis.
necessity. A harmful act that was factually necessary or unavoidable but

Necessitas facit lictum quod alias non est lictum
that nonetheless reflects blame on the actor, such as when the actors own
prior negligence created the necessity of the act.
Necessitas facit lictum quod alias non est lictum. nksstas fakt lktm kwd
al-as nn st lktm. nusesitas fsit liktum kwad l-us nan est liktum. Necessity
N makes lawful what is otherwise unlawful. An alternative phrase for Neces-
sitas non habet legem.
Necessitas non habet legem. nksstas nn habt lgm. nusesitas nan hbet le
jum. Necessity has no law. A maxim meaning that the violation of a law
may be excused by necessity. This is not a rule of general application in
international law, but it may be applied in some exceptional cases for reasons
of equity. Alternatively, it may be invoked for no better reason than as a
cynical excuse for departing from ones legal obligations. Alternative phrases
are Necessitas facit lictum quod alias non est lictum, Necessitas non habet
leges, and Quod necessitas cogit, defendit. See also Ius necessitatis.
Necessitas non habet leges. nksstas nn habt lgs. nusesitas nan hbet lejz.
Necessity has no laws. An alternative phrase for Necessitas non habet
legem.
Necessitas publica maior est quam privata. nksstas pblka mayr st kwam
prwata. nusesitas publiku mjr est kwam prvtu. Public necessity is more
important than private (necessity). A maxim meaning that what is neces-
sary to the safety or prosperity of private persons must yield to what is
necessary to the safety or prosperity of the state. This principle is generally
limited by international human rights law and, most especially, ius cogens.
Compare with Iura publica anteferenda privatis.
Negotiorum gestio. ngtrm gst. negrum jest. n. Performance of

business. (1) The management of business generally. (2) The unauthorized
management of or interference with the business or affairs of another. (3) At
civil law, a claim by an unauthorized agent for quantum meruit when the
agent acted on behalf of a principal to protect the principals business
interests during an inability of the principal. To recover quantum meruit,
the agent could not have acted in his self-interest. E.g., As regards the civil
law action based on negotiorum gestio, the applicant claims that to found such
an action according to the principles of law common to the Member States
the following five conditions must be satisfied: the management of the
principals affairs, whether legal or material, must benefit the principal; at
the relevant time the principal was unable to manage his own affairs, but
there was a need for his affairs to be managed; the manager had no intention
to act gratuitouslythere was no animus donandi; the manager was under no

Nemo cogitationis poenam patitur
contractual obligation to manage the affairs of the principal; the principal

could reasonably have been expected to take the action undertaken by
the manager had the principal been aware of the need for action. Masdar
(UK) Ltd. v. Commission of the European Communities, [2006] E.C.R. II-
4377, 76.
N
Negotium. ngt-m. negum. n. Business. (1) The conduct of business; a
business transaction. (2) A matter or case. (3) The intention behind, or policy
goal of, a legal instrument.
adv.
Nemine contra dicente. nmn kntra dknt. nemin kantru disent.
With no one speaking in opposition. (1) Unanimously. (2) Without dis-
sent, as when a decision is made or legislation passed without opposition.
Compare with Nemine contra dicente and Una voce.
Nemo ad factum praecise cogi potest. nm ad faktm prks kg ptst. n

m d fktum prsz kj ptest. Nobody can be forced to a specific act. An
alternative formulation of Nemo potest praecise cogi ad factum. E.g.,
Once the respect of the human person has been reservednemo ad factum
proecise cogi potestthe execution of the obligations to perform is therefore
pursued until a remedy is found for a mere declaration of will which the
debtor persists in refusing to make without reason. Advisory Opinion on
Interpretation of Peace Treaties with Bulgaria, Hungary, and Romania, 1950
I.C.J. Rep. 221, 248 ( Judge Azevedo, dissenting).
Nemo auditur propriam turpitudinem allegans. nm dtr prpr-am tr-

ptdnm allgans. nm ditr prpr-um trpitdinem legenz. Nobody is
heard recounting his own turpitude. A principle to the effect that indirect
proof of ones guilt or liability usually suffices for a conviction because of the
rarity of a confession of ones own guilt or liability.
Nemo bis punitur pro eodem delicto. nm bs pntr pr -dm dlkt. n

m bis pynitr pr dem dulikt. May no one be punished twice for the
same offense. A maxim meaning that multiple punishments for a single
violation of law are impermissible. Compare with Ne bis in idem.
Nemo bis vexari pro (una et) eadem causa. nm bs wksar pr (na t) -a
dm ksa. nm bis veksar pr (nu et) dem kzu. May no one be troubled
twice for (one and) the same reason. An alternative phrase for Ne bis in
idem.
Nemo cogitationis poenam patitur. nm kgtatns pnam pattr. nm

kajitnis pnum ptitr. No one suffers punishment for his thoughts. An
alternative formulation of Cogitationis poenam nemo patitur.

Nemo commodum capere potest de iniuria sua propria
Nemo commodum capere potest de iniuria sua propria. nm kmmdm ka

pr ptst d nyr-a sa prpr-a. nm kumdum kpr ptest d injr-u
su prapr-u. No one may gain profit from his own wrongdoing. An alternative
phrase for Nullus commodum capere (potest) de sua iniuria propria.
N Nemo dat non quod habet. nm dat nn kwd habt. nm dt nan kwad hbet.
No one gives that which he does not have. An alternative phrase for Nemo
plus iuris transfere potest quam ipse habet.
Nemo debet esse iudex in (propria) sua causa. nm dbt ss ydks n (pr
pr-a) sa ksa. nm debet es jdeks in (prapr-u) su kzu. Nobody should
be the judge in his (own) case. A doctrine according to which the decision
of a person vitally interested in the outcome of an authoritative decision,
including a pronouncement about the legality of his own act or conduct,
lacks prescriptive value and cannot bind others. In a judicial context, the
doctrine precludes a judge from adjudicating a case in which the judge has a
direct interest in the outcome. Alternative phrases are Nemo iudex in causa
sua and Nemo iudex in re sua.
No one is
Nemo est supra leges. nm st spra lgs. nm est spru lejz.
above the laws. A maxim meaning that no person is exempt from the
binding force of the law. Contrast with Legibus solutus.
Nemo iudex in causa sua. nm ydks n ksa sa. nm jdeks in kzu su.
Nobody is the judge in his own case. An alternative formulation of Nemo
debet esse iudex in (propria) sua causa.
Nemo iudex in re sua. nm ydks n r sa. nm jdeks in r su. Nobody is

the judge in his own matter. An alternative phrase for Nemo debet esse
iudex in (propria) sua causa.
Nemo locupletari potest cum alterius iactura. nm lkpltar ptst km

altrs yaktra. nm lakypleter ptest kum altr-us jktru. Nobody can
be made rich at the expense of another. A maxim meaning that a claimant
seeking relief may not be awarded damages greater than his or her loss.
Nemo patriam (in qua natus est) exuere potest (nec ligeantiae debitum eiur-
are possit). nm patr-am (n kwa nats st) ksr ptst (nk lg-ant- d
btm yrar psst). nm ptr-um (in kw ntus est) egzyr ptest (nek lij-
nt- debitum ejrar pasit). Nobody can renounce the country (in which he
was born) (nor refuse the obligation of allegiance to it). A civil law maxim
meaning that no person can change nationalities without the consent of
ones state of citizenship, nor may one renounce the obligation of loyalty to
ones state by refusing to serve it when called upon. The continued validity of

Nemo potest praecise cogi ad factum
this maxim is called into question by the widespread adoption by states of

municipal laws allowing the renunciation of citizenship. An alternative phrase
is Nemo potest exuere patriam. Compare with Semel civis semper civis.
Nemo plus iuris transfere (ad alium) potest quam ipse habet. nm pls yrs
transfr (ad al-m) ptst kwam ps habt. nm plus jris trnsfr (d l-um)
N
ptest kwam ips hbet. No one can transfer more rights (to another) than he
himself has. A maxim meaning that one cannot transfer legal rights greater
than those that one lawfully possesses. One consequence of this principle is
that a principal cannot empower his agent to exercise more rights than the
principal himself possesses. It further follows that no one can transfer more
rights in property than he possesses in the property. Alternative phrases are
Nemo dat qod non habet and Nemo potiorem potest transfere quam ipse
habet. Compare with Res transit cum suo onere.
Nemo potest exuere patriam. nm ptst ksr patr-am. nm ptest egz

er ptr-um. No one can cast off his country. An alternative phrase for
Nemo patriam (in qua natus est) exuere potest (nec ligeantiae debitum
eiurare possit).
Nemo potest mutare consilium suum in alterius iniuriam. nm ptst mtar

knsl-m sm n altrs nyr-am. nm ptest mytar kansil-um sum
in altr-us injr-um. Nobody can change his argument to the detriment of
another. An alternative phrase for Nullus commodum capere (potest) de
sua iniuria propria. E.g., Whatever term or terms be employed to designate
this principle such as it has been applied in the international sphere, its
substance is always the same: inconsistency between claims or allegations put
forward by a State, and its previous conduct in connection therewith, is not
admissible (allegans contraria non audiendus est). Its purpose is always the
same: a State must not be permitted to benefit by its own inconsistency to
the prejudice of another State (nemo potest mutare consilium suum in alterius
injuriam). Temple of Preah Vihear (Camb. v. Thail.), 1962 I.C.J. Rep. 6, 41
(separate opinion of Vice President Alfaro).
Nemo potest praecise cogi ad factum. nm ptst prks kg ad faktm. n
m ptest prsz kj d fktum. Nobody can be forced to a specific act. A
maxim of civil law meaning that, while a respondent may be required to pay
damages for injuries caused by him, he may not be forced to perform a
specific obligation. While the doctrine has sometimes been invoked in an
international legal context, it is not generally applicable except with respect
to the performance of personal services. E.g., Where specific relief is not
possible, because the person responsible cannot or will not provide it (nemo
potest praecise cogi ad factum), there is to be equivalent compensation.

Nemo potiorem potest transfere (ad alium) quam ipse habet
Advisory Opinion on the Application for Review of Judgment No. 158 of the
United Nations Administrative Tribunal, 1973 I.C.J. Rep. 166, 289 (Judge De
Castro, dissenting). An alternative formulation is Nemo ad factum praecise
cogi potest.
N Nemo potiorem potest transfere (ad alium) quam ipse habet. nm ptrm
ptst transfr (ad al-m) kwam ps habt. nm prem ptest trnsfr (d
l-um) kwam ips hbet. No one can transfer a better title (to another) than
he himself possesses. An alternative phrase for Nemo plus iuris transfere
potest quam ipse habet.
Nemo punitur pro alieno delicto. nm pntr pr al-n dlkt. nm py

nitr pr l-en dulikt. No one is punished for the crime of another. A
maxim prohibiting collective punishments under international human rights
law and international humanitarian law.
Nihil. nhl. nhil. n. Nothing. (1) Nothing; a void. (2) A legal or factual
nullity.
Nihil ad rem. nhl ad rm. nhil d rem. adj. Nothing to the matter. Irrelevant;
off point. E.g., Mrs. Roberts contends, to use the words of the Court of
Appeal, that the fact she receives a payment from a third party (in this case
the State) which a male comparator does not receive is nihil ad rem and
cannot affect the obligation of the employer under Article 119 to pay her and
her male comparator equally. Opinion of Advocate General Van Gerven,
Birds Eye Walls Ltd. v. Roberts, [1993] 3 C.M.L.R. 822, 830, 9 (E.C.J.). See
also Ad rem.
Nisi. ns. niz.conj. (commonly used as an adj.) Unless. Nisi is typically

used as an adjective to denote that the rule or order (e.g., an order nisi) to
which it is attached will take effect at a given time unless before that time
some stipulated condition is (or is not) fulfilled.
Nolens volens. nlns wlns. nlenz vlenz. adv. Unwillingly or willingly.

Whether willingly or unwillingly. E.g., The [Court majoritys] reasoning
nolens volens leads to the creation of the Courts own, judicial reality in
contrast to the objective legal one, producing a proper judicium illusorum.
inf. To not wish to pursue.

Nolle prosequi. nll prskw. nl prasekw. v.
(1) A formal decision not to proceed in pressing a claim against another,

Non est iudex minus petita partium
usually because of insufficient evidence or a settlement of the claim. (2) The

loss of a right to bring a claim based on earlier neglect to prosecute the claim.
Nolo contendere. nl kntndr. nl kantendr. I do not wish to contest.

A plea in which the pleader declines to admit or deny the validity or truth of the
claims or charges brought against him or her. A plea of nolo contendere is often N
treated as a tacit admission of willingness to accept liability or punishment for
the claims or charges. An alternative term is Non contendere.
Nolumus. nlms. nalymus. v. We do not wish. See Non volumus.
Nominatim. nmnatm. namintim. adv. By name. (1) One by one, in se-

quence. (2) Each one by its individual name. See also Eo nomine.
Non adimplenti contractus. nn admplnt kntrakts. nan dimplent kantrk

tus. n. An unfulfilled contract. A contract, the obligations of which have
not been performed by at least one party. See also Exceptio inadimplenti
contractus and Inadimplenti non est adimplendum.
Non bis in idem. nn bs n dm. nan bis in dum. Not twice for the same
thing. An alternative phrase for Ne bis in idem.
Non compos (mentis). nn kmps (mnts). nan kampus (mentis). adj. Not
having mastery (over the mind). (1) Mentally incompetent due to youth,
advanced age, handicap, etc. (2) Insane. Contrast with Compos mentis.
Non contendere. nn kntndr. nan kantendr. v. inf. Not to contest. An

alternative term for Nolo contendere.
Non damnificatus. nn damnfkats. nan dmnifiktus. n.Ecc. The uninjured.

One who has suffered a harm not attributable to the legal liability of another.
Contrast with Damnificatus. See also Damnum absque iniuria.
Non est iudex minus petita partium. nn st ydks mns ptta part-m. nan
est jdeks mnus petitu part-um. He is not a judge [who decides] less than
what is requested from the parties. A maxim meaning that a judicial or
arbitral tribunal should not decide less than all questions presented that are
within its jurisdiction and presented in the claim. E.g., A judge does not
fulfil his judicial duty ( judex decidere debet) if he fails to give a decision on one
of the causae petendi of the application (non est judex minus petita partium).
Advisory Opinion on the Application for Review of Judgement No. 158 of the
United Nations Administrative Tribunal, 1973 I.C.J. Rep. 166, 291, 41 (Judge
De Castro, dissenting). Compare with Iudex decidere debet. But see Non
liquet.

Non grata
Non grata. nn grata. nan gratu. adj. Unwelcome. (1) A term used to designate
a person (usually a diplomat or member of a mission staff ) whose request to
enter a state or continued presence in a state is rejected, and who, if present
in the state, is required to leave. E.g., A person may be declared non grata or
not acceptable before arriving in the territory of the receiving State. Vienna
N Convention on Diplomatic Relations art. 9(1), Apr. 18, 1961, 500 U.N.T.S.
95; see Vienna Convention on Consular Relations art. 23, Apr. 24, 1963, 596
U.N.T.S. 261. (2) In a general sense, unwelcome or unwanted. See also
Persona non grata.
Non licet. nn lkt. nan liset.v. It is impermissible. A judgment denoting

that the tribunal lacks jurisdiction to issue a binding judgment, decision, or
award on the parties or subject matter before it.
Non liquet. nn lkt. nan likwet. v.It is unclear. A judgment denoting that
the tribunal refuses to render an award or judgment in the belief that the law
supplies no rule applicable to the case before it. This term was widely used by
Roman jurisprudes such as Cicero and Quintilian, but has become less
common in modern times when tribunals are commonly expected to fill
gaps in the law by the application of legal reasoning. In some legal systems,
judges may explicitly be forbidden to enter a declaration of non liquet. E.g.,
[I]t is the evident will of the Parties that the arbitral award shall not
conclude by a non liquet, but shall in any event decide that the island
forms a part of the territory of one or the other of two litigant Powers.
Island of Palmas Case (U.S. v. Neth.), 2 R.I.A.A. 829 (1928). Sometimes
abbreviated n.l. Compare with Dubii iuris and Vacuum iuris. See also Non
possumus and Non volumus. But see Iudex decidere debet.
Non omne damnum inducit iniuriam. nn mn damnm ndkt nyr-am.

nan amn dmnum indsit injr-um. Not every loss brings injury. A maxim
of the civil law, incorporated into the common law according to William
Blackstone, John Bouvier, and others, meaning that some harms or losses,
such as those resulting from faultless accidents or acts of nature, may occur
without giving rise to any persons legal liability. See also Damnum absque
iniuria and Non damnificatus.
Non possumus. nn pssms. nan pasymus. v. (commonly used as a n.) We

cannot. A declaration that the speaker or author cannot engage in some
behavior. E.g., A non possumus must, whenever the circumstances require
the Court to indicate provisional measures, be very solidly grounded. Legal
reasons that are compelling and incontrovertible are necessary if the dictates
of prudence are to be justifiably set aside. Case Concerning the Arbitral

Non totidem verbis
Award of 31 July 1989, 1990 I.C.J. Rep. 64, 81 ( Judge Thierry, dissenting).
Contrast with Non volumus. See also Non liquet.
Non quieta movere. nn kw-ta mwr. nan kw-etu mvr. Not to disturb
what is settled. An alternative phrase for Stare decisis.
N
Non scire quod scire debemus et possumus culpa est. nn skr kwd skr
dbms t pssms clpa st. nan skir kwad skir debemus et pasymus klpu
est. Not to know what one ought to know is a fault. A maxim meaning that
one who fails to gain the knowledge of law that would prevent a violation of
the law is liable for any resulting violation. The maxim may also be applied to
those cases in which a person failed to fulfill an obligation to investigate facts
that would have prevented a harm from occurring to another. Compare with
Ignorantia legis neminem excusat.
Non sequitur. nn skwtr. nan sekwitr. v. (commonly used as a n.) It does

not follow. A fallacy in logic arising from a case in which the arguer draws a
nonsensical inference, or arrives at an unproven conclusion, from his or her
premises. E.g., It does not follow from the facts that the decisions of the
Security Council must be in accordance with the Charter, and that the
International Court of Justice is the principal judicial organ of the United
Nations, that the Court is empowered to ensure that the Councils decisions
do accord with the Charter. To hold that it does so follow is a monumental
non sequitur, which overlooks the truth that, in many legal systems, national
and international, the subjection of the acts of an organ to law by no means
entails subjection of the legality of its actions to judicial review. Questions of
Interpretation and Application of the 1971 Montreal Convention Arising from
the Aerial Incident at Lockerbie (Libya v. U.S.), 1998 I.C.J. Rep. 115, 167
(President Schwebel, dissenting).
Non solent quae abundant vitiare scripturas. nn slnt kw abndant wt-ar

skrptras. nan slent kw ubundent viar skriprus. Superfluous expressions
do not usually impair writings. A maxim of civil law, originating in Justi-
nians Digest, meaning that oral statements of parties to an agreement do not
normally derogate from the written expression of the agreement (called in
common law the parol evidence rule). Such statements can, however, serve as
sources for the interpretation of vague or ambiguous terms. See the Vienna
Convention on the Law of Treaties arts. 3132, May 23, 1969, 1155 U.N.T.S. 331.
Not in so many
Non totidem verbis. nn ttdm wrbs. nan ttidem vrbis.
words. Phrased differently from what was previously said or written, but
having essentially the same meaning. Contrast with Totidem verbis.

Non ultra petita (partium)
Non ultra petita (partium). nn ltra ptta (part-m). nan ltru puttu (part-
um). adj. Not beyond the pleadings (of the party). A doctrine providing that
a tribunal should not unnecessarily decide questions of law or fact not raised
by the parties to a dispute, on the theory that the tribunals jurisdiction is
limited to deciding matters raised by the parties. E.g., The Court would
N recall the well-established principle that it is the duty of the Court not only
to reply to the questions as stated in the final submissions of the parties, but
also to abstain from deciding points not included in those submissions.
While the Court is thus not entitled to decide upon questions not asked of it,
the non ultra petita rule nonetheless cannot preclude the Court from addres-
sing certain legal points in its reasoning. Arrest Warrant of 11 April 2000
(Congo v. Belg.), 2002 I.C.J. Rep. 3, 1819, 43 (citation omitted). An
alternative phrase is Ne iudex ultra petita partium. See also Ultra petita.
Non volumus. nn vlms. nan valymus. v. Neo. We do not wish. A

declaration that the speaker or authority declines voluntarily to engage in
some behavior. E.g., The direct consequence of the doctrine which India
advances before us is to confer on member States the possibility of freeing
themselves at will from their obligations as members of the Organization
vis--vis another member State. It affords a convenient cover for a non
volumus. Jurisdiction of the ICAO Council (India v. Pak.), 1972 I.C.J. Rep.
46, 133 (separate opinion of Judge De Castro). Contrast with Non possumus.
The phrase is a relative neologism; the classic Latin form is Nolumus.
Noscitur a sociis (eiusdem generis). nsktr a sk-s (ysdm gnrs). nas

kitr- or nskitr a sis (jusdem jenris). It is known by its companions (of
the same kind). A doctrine of legal instrument interpretation providing
that, in an enumeration of specific items that contains a general term, the
general term will be construed to include only things similar to the specific
items proximate to the general term. This doctrine is based on the assumption
that the words surrounding a general term are exemplary of the kinds of things
that term was intended to encompass. Compare with Eiusdem generis.
Nota. nta. ntu. n. [pl. Notae. nt. nt.] Note. A promissory note.
v. imp. Note well. A phrased use

Nota bene. nta bn. ntu ben or -ben.
to draw ones attention to an item of particular interest. Commonly abbre-
viated N.B.
Novie(n)s. nw-(n)s. nv(n)z.adv. Ninthly. An adverbial number (the

ninth) usually inserted into a consecutively numbered series by way of

Nulla lex nulla iniuria
Novus actus interveniens. nws akts ntrwn-ns. nvus ktus intrvn-

enz. n. A new intervening act. A doctrine according to which an injury
caused by a combination of an original act and an intervening act of a third
party does not engage the liability of the original actor if, in the absence of
the intervening act, no wrongful harm would have resulted. See Certain
Property (Liecht. v. Ger.), 2005 I.C.J. Rep. 6, 70 et seq. (Preliminary Objec- N
tions) ( Judge ad hoc Berman, dissenting).
Nuda pactio obligationem non parit. nda pakt blgatnm nn part. n

du pkt ablignem nan parit. A naked agreement does not give rise to
obligations. A maxim, originating in Justinians Digest (2.14.7.4), meaning
that an agreement lacking mutual consideration is void. The purpose of this
rule is the prevention of fraud on or coercion of a party to the agreement and
the separation of purely moral obligations from legally binding ones. The
International Court of Justice has implicitly rejected the maxim, however, in
holding that a states unilateral public pronouncement, made with intent to
be bound, may be binding. See Nuclear Tests (Austl. v. Fr.), 1974 I.C.J. Rep.
252, 43 ( Judgment). Compare with Ex nudo pacto actio non oritur. See also
Nudum pactum.
Nuda possessio. nda pssss. ndu puzes.n. Naked possession. Mere

possession of property, not necessarily accompanied by legal title or right.
Nudum ius. ndm ys. ndum jus. Naked right. A right or norm of unde-
fined limits, such that it may be invoked to sustain widely divergent claims in
the discretion of the invoker.
Nudum ius domini. ndm ys dmn. ndum jus damin. n. An unexecuted

right of the lord. A right not yet exercised.
Nudum pactum. ndm paktm. ndum pktum. n. A bare agreement. (1) In

Roman law, an agreement that is not legally binding because it fails to
comply with all required formalities. (2) In modern municipal practice, an
agreement that is invalid for lack of mutual consideration. See also Ex nudo
pacto actio non oritur and Nuda pactio obligationem non parit.
Nulla crimen sine lege. A common but incorrect spelling of Nullum crimen
sine lege.
No law
Nulla lex nulla iniuria. nlla lks nlla nyr-a. nlu leks nlu injr-u.
no wrong. A maxim meaning that, unless an act violated a preexisting legal
obligation, it cannot give rise to any liability; a law may not impose retroac-
tive civil liability. This maxim, though expressing a basic principle of due

Nulla poena sine lege
process of law, is not uniformly followed in state practice. Compare with

Nullum crimen sine lege.
No punish-
Nulla poena sine lege. nlla pna sn lg. nlu pnu sin lej.
ment without law. A doctrine holding that no punishment is permissible for
N an act that was not defined as a crime in the applicable law at the time of
commission. The doctrine is the corollary to the prohibition on ex post facto
criminal laws and is a basic principle of international criminal law. See Rome
Statute of the International Criminal Court art. 23. Compare with
Nullum crimen sine lege. See also Ex post facto and Lex previa(, stricta,
scripta et certa).
adj. Of none; of nobody. Relating to territory or

Nullius. nlls. nl-us.
property lacking any sovereign authority and, therefore, open to future claims of
sovereignty. E.g., Mexico maintainsthat the French occupation was not
valid, and consequently her own right to occupy the island which must still be
considered as nullius in 1897. Sovereignty over Clipperton Island Case (Fr. v.
Mex.), Award of Jan. 28, 1931, 26 Am. J. Intl L. 390, 393 (1932).
adv. Of no legal value. (1) Lacking
Nullius iuris. nlls yrs. nl-us jris.
legal effect or validity. (2) Having no standing under the law.
No arbitration. A
Nullum arbitrium. nllm arbtr-m. nlum arbitr-um. n.
defense to an action to recognize or enforce an arbitral award denying that
the arbitral tribunal ever rendered a binding award. Compare with Nullum
fecerunt arbitrium.
Nullum crimen nulla poena sine lege. A combination of Nulla poena sine lege
and Nullum crimen sine lege. See each separate entry.
Nullum crimen sine lege. nllm krmn sn lg. nlum krmen sin lej. No
crime without law. A doctrine of criminal law holding that no person may
be convicted of a crime for an act that was not forbidden by law at the time of
commission. In many countries, this rule has been incorporated into the
national constitution. It is also an integral part of the right to due process of
law under both international human rights law and international criminal
law. See Rome Statute of the International Criminal Court art. 22;
International Covenant on Civil and Political Rights art. 15, Mar. 23, 1976,
999 U.N.T.S. 171. E.g., The Trial Chamber is aware that it must interpret
the Convention [on the Prevention and Punishment of the Crime of
Genocide] with due regard for the principle of nullum crimen sine lege. It
therefore recognizes that, despite recent developments, customary interna-
tional law limits the definition of genocide to those acts seeking the physical
or biological destruction of all or part of the group. Prosecutor v. Krstic,

Nunc pro tunc
I.C.T.Y. Case No. IT-98-33-T, Judgment of Aug. 2, 2001, 580. Compare

with Nulla lex nulla iniuria and Nulla poena sine lege. See also Ex post facto;
Lex previa(, stricta, scripta et certa); and Lex prospicit, non respicit.
Nullum fecerunt arbitrium. nllm fkrnt arbtr-m. nlum fesrunt arbitr-

um. They did not submit to arbitration. A defense to an action to recognize
N
or enforce an arbitral award denying that the party seeking to resist enforce-
ment of the award had contractually agreed to submit to the arbitration.
Compare with Nullum arbitrium.
Nullum tempus occurrit regi. nllm tmps kkrrt rg. nlum tempus k
rit rej. No time runs against the king. A maxim of medieval common law
meaning that a sovereign is not bound by any temporal limitations in seeking
damages, such as a statute of limitations. See Henry de Bracton, De Legibus
et Consuetudinis Angliae (ca. 1253).
Nullus commodum capere (potest) de sua iniuria propria. nlls kmmdm
kapr (ptst) d sa nyr-a prpr-a. nlus kamdum kpr (ptest) d su
injr-u prapr-u. No advantage (may be) gained from ones own wrong. A
maxim meaning that the law will not recognize or validate any profit a person
derives from his own wrongdoing. For example, one may not destroy
evidence of the extent of damages caused by ones illegal act, then counter
a claim for damages based on that act by pointing to the lack of evidence.
E.g., [T]he State must not be allowed to benefit by its inconsistency when it
is through its own wrong or illegal act that the other party has been deprived
of its right or prevented from exercising it. (Nullus commodum capere de sua
injuria propria.) Temple of Preah Vihear (Camb. v. Thail.), 1962 I.C.J. Rep.
6, 41 (Merits) (separate opinion of Vice President Alfaro). This maxim has
numerous alternative phrasings, including Commodum ex iniuria non oritur,
Commodum ex iniuria sua nemo habere debet, Commodum ex iniuria sua
non habere debet, Ex dolo malo actio non oritur, Iniuria propria non cadet
in beneficium facientis, and Nemo commodum capere potest de iniuria sua
propria. See also Ius ex iniuria non oritur and Nemo potest mutare consilium
suum in alterius iniuriam.
Nunc pro tunc. nnk pr tnk. nunk pr tunk. adj. or adv. Now in place of then.
(1) Having retroactive effect. E.g., [B]y tacking back the effects of the
[claimants] conduct nunc pro tunc, the Tribunal has conflated the ideas of
a formal jurisdictional defect in the [claimants] waiver [of court jurisdiction
required for submission of a claim to a NAFTA arbitral tribunal] in Sep-
tember 1998 with a subsequent disqualification of the waiver in 1998 or 1999.
Waste Management, Inc. v. Mexico, ICSID Case No. ARB(AF)/98/2, Award
of June 2, 2000, 53 (K. Highet, dissenting). Compare with Ex post facto

Nuncio
and Post hoc. (2) Deemed by legal fiction to occur in the past or in a timely
manner, though done belatedly, as when a motion is granted after the
deadline to file the motion has passed. E.g., On April 20, 2000, the
Malaysian government moved to amend its answer nunc pro tunc to assert
sovereign immunity and to dismiss the complaint under Rule 12(b)(1) of the
N Federal Rules of Civil Procedure for lack of subject matter jurisdiction.
Robinson v. Government of Malaysia, 269 F.3d 133, 137 (2d Cir. 2001).
Nuncio. nnk. nuns. v. (commonly used as a n.) I announce. A high
diplomatic representative of the Holy See lacking the status of cardinal. The
Holy See was in the past and sometimes still is treated as its own state with
corresponding diplomatic privileges. E.g., Under Article 4 of the Vienna
Rglement of 1815, the nuncio was regarded as the doyen of the resident
diplomatic body. This might apparently be construed as making a nuncio
the doyen in every country to which he may be accredited, or only in such
countries as those to which a nuncio was in 1815 accredited, and to whom a
privileged position was by the Rglement accorded. Ernest Satow, A Guide
to Diplomatic Practice 169, 290 (Neville Bland ed., 4th ed., 1957). An
alternative spelling is Nuntio. Contrast with Legatus a latere and Legatus
natus.
Nunquam crescit ex post facto praeteriti delicti aestimatio. nnkwam krskt

ks pst fakt prtrt dlkt stmat. nunkwum kreit eks pst fkt pretrit
delikt estim. The assessment of damages for a past offense never in-
creases by what happens subsequently. A maxim, originating in Justinians
Digest (50.17.139), meaning that an unforeseeable event occurring subsequent
to a wrongful act giving rise to liability cannot thereby increase the damages
that may be claimed for the original act.
Nunquam decurritur ad extraordinarum sed ubi deficit ordinarium. nnkwam
dkrrtr ad kstrardnarm sd b dfkt rdnar-m. nunkwum dkritr
d ekstru-rdiner-um sed b defisit rdiner-um. Never resort to the extraor-
dinary until the ordinary fails. A maxim of civil law meaning that the
language of a legal instrument should be read according to its normal
meaning unless a reasonable reading of the instrument implies that the
drafters intended a more specific or technical meaning.
Nuntio. nuns. An alternative spelling of Nuncio.

O
................................
Ob maiorem cautelam. b mayrm ktlam. ab mujrum ktelum. adv. For

greater security. Done for the purpose of preventing accidents or other
undesirable results. This term is sometimes used to explain a provision of
an agreement having as its purpose additional security for one or both
parties. Alternative phrases are Ex maiore cautela and Pro maiori cautela.
Compare with Ad abundantiorem cautelam.
Obiter dictum. btr dktm. bitr diktum. n. [pl. Obiter dicta. btr dkta.
bitr diktu.] Thing said in passing. A statement made, in the course of a
judgment, that is not binding as legal precedent because the matter upon which
the statement bears is not necessary to the conclusions drawn in the judgment.
E.g., Argentine law is irrelevant in this respect, as recognized in the Award and
in many other ICSID decisions. The observations which were made in passing
by the Tribunal on the piercing of the corporate veil in Argentine law are thus
obiter dicta. CMS Gas Transmission Co. v. Argentine Rep., ICSID Case No.
ARB/01/8, Decision on the Application for Annulment, Sept. 25, 2007, 68, 46
I.L.M. 1136, 1144 (2007). Commonly abbreviated as Dictum (s.) or Dicta (pl.).
Obligatio. blgat. ablig.

n. [pl. Obligationes. blgatns. ablignz.]
Obligation. A legally binding obligation or duty.
n. Civil law obligation. A

Obligatio civilis. blgat kwls. ablig sivilis.
legally enforceable obligation arising in law or by binding contract.
Obli-
Obligatio ex contractu. blgat ks kntrakt. ablig eks kantrkt. n.
gation from contract. A legal liability arising from a contractual undertaking
or the breach thereof. This is a kind of Obligatio civilis.
n. Obligation
Obligatio ex delicto. blgat ks dlkt. ablig eks dulikt.
from an offense. A legal liability arising from a violation of law, such as a
duty to compensate the victim of the violation.
205
Obligatio ex pacto
Obligation from
Obligatio ex pacto. blgat ks pakt. ablig eks pkt. n.
a treaty. A legal liability arising from a treaty obligation or the breach
thereof.
Obses. bss. absz. n. [pl. Obsides. bsds. absidz.] Hostage. A person

O held hostage in an armed conflict. The use of hostages has long been
prohibited by international humanitarian law. See Convention (IV) Relative
to the Protection of Civilian Persons in Time of War art. 34, Aug. 12, 1949,
75 U.N.T.S. 287.
Occultatio thesauri inventi. kkltat t-hsr nwnt. aklt yesr invent.

n. Concealment of found treasure. The concealment of a treasure trove,
which in medieval English and Roman law in some periods belonged to the
sovereign. Therefore, occultatio thesauri inventi was at certain times and countries
defined as a crime against the sovereign if the person concealing could not show
that the treasure rightfully belonged to him. See also Thesaurus inventus.
Occupatio. kkpat. akyp. n.Seizure. Seizure or occupation, usually in

the context of acquiring title to territory or appurtenances previously un-
claimed by anyone else.
Occupatio bellica. kkpat bllka. akyp beliku.n. Military seizure.

The temporary occupation and administration of the territory of a sovereign
by a power hostile to that sovereign, usually following a conquest in battle.
Contrast with Occupatio pacifica.
Occupatio non praecedit nisi in re terminata. kkpat nn prkdt ns n r

trmnata. akyp nan prsdit niz in r trminatu. Seizure does not lead the
way except in a resolved situation. A maxim meaning that occupation does
not create legal rights in the absence of an ascertainable boundary to define
the territory occupied. For this reason, neither the high seas nor the seabed
can be occupied in a legal sense. The maxim is attributable to Hugo
Grotius, 2 De Iure Belli ac Pacis Libri Tres, ch. 2, para. 3(2) (1625).
n. Peaceful sei-
Occupatio pacifica. kkpat pakfka. akyp pusifiku.
zure. A nonhostile or consensual occupation, as when a government is
unable to maintain order in its own territory and, therefore, requests the
assistance of the armed forces of a friendly foreign state. The occupying
power does not exercise governmental functions other than those delegated
by the occupied power and makes no claim to sovereignty over the occupied
territory. Contrast with Occupatio bellica.
adv. Eighthly. An adverbial number (the

Octie(n)s. kt-(n)s. akt(n)z.
eighth) usually inserted into a consecutively numbered series by way of

Omnis indemnatus pro innoxio legibus habetur
Odium ideologicum. d-m dlgkm. d-um dlajikum. n. Ideological

hatred. Hatred or enmity based on ideological reasons. E.g., [I]t was also in
many places a civil conflict, technically beyond the scope of [the internation- O
al] law [of war] and with its ordinary horrors magnified by odium ideologi-
cum. Geoffrey Best, War and Law Since 1945, at 61 (1997).
Officiis belli. ffk-s bll. fiis bel. adj. By the duties of war. Required by
the international law of war.
Omne maior continet in se minus. mn mayr kntnt n s mns. amn m

jr kantinet in s mnus. Every larger thing contains in itself a lesser. An
alternative phrase for In eo quod plus sit semper inest et minus.
Omni exceptione maiores. mn ks-kptn mayrs. amn eksepn muj

rz. All exceptions are important. A maxim meaning that exceptions to a
general rule should not be made (or disregarded) lightly, because the ratio-
nale for the exception must be sufficiently cogent to justify departing from an
established rule.
Omnia rex imperio possidet, singuli dominio. mn-a rks mpr pssdt,
sngl dmn. amn-u reks imper psidet, siyl dumin. The king
possesses all by right of his sovereignty, while each individual [possesses] by
his own property right. A maxim meaning that the states sovereign rights
encompass power over the entirety of its territory, and individuals within the
territory may have property rights over parts of the territory subject to the
states law and overarching sovereignty.
Omnis exceptio est ipsa quoque regula. mns ks-kpt st psa kwkw r
gla. amnis eksept est ipsu kwkw regylu. Every exception is itself a rule as
well. A maxim meaning that the exception to a general rule is itself
effectively a legal rule relating to the specific matter covered and does not
necessarily represent a disintegration or contradiction of the rule excepted.
Omnis indemnatus pro innoxio legibus habetur. mns ndmnats pr nn

ks lgbs habtr. amnis indemntus pr inaks lejibus hbetr. Everyone
who has not been found guilty is deemed innocent by the laws. A maxim
meaning that the law presumes that persons charged with a crime are
deemed innocent until proven guilty in a fair trial. The presumption of
innocence has been incorporated into both international human rights law
and international criminal law as a fundamental due process right. See Rome
Statute of the International Criminal Court art. 66; International

Omnis ratihabitio retrotrahitur et mandato aequiparatur
Covenant on Civil and Political Rights art. 14(2), Mar. 23, 1976, 999
U.N.T.S. 171.
Omnis ratihabitio retrotrahitur et mandato aequiparatur. mns rathabt

rtrtrahtr t mandat kwparatr. amnis rtihabi retrtrhitr et mndt
O ekwiparutr. Every ratification is drawn back and placed on equal footing

with what has been commanded. A maxim meaning that an authority may
ratify retroactively an act that was, at the time done, ultra vires or illegal due
to lack of authoritative mandate.
n. Burden of proof.
Onus probandi. ns prband. nus- or anus prbnd.
The duty to produce evidence of a certain character and persuasiveness
determined by the law in order to proceed or prevail on a claim or motion
before an authoritative tribunal.
Op. cit. An abbreviation of Opera citato.
adj. In the work cited. A citation

Opera citato. pra ktat. apru stat.
signal indicating that the support for the proposition cited in a work appears
in a reference cited previously in the same work. Commonly abbreviated
Op. cit. Compare with Ante and Supra (citatum). See also Ibidem.
Opinio iuris communis. pn yrs kmmns. upin jris kumynis. n.

Communal legal opinion. An alternative phrase for Opinio iuris gentium.
E.g., On the basis of the circumstances of adoptionand by expressing an
opinio juris communis, [UN General Assembly] Resolution 1803 (XVII)
seems to this Tribunal to reflect the state of customary law existing in this
field. The Caltex Arbitration (Texaco v. Libya), 53 I.L.R. 87, 87 (1982).
n. Legal
Opinio iuris gentium. pn yrs gnt-m. upin jris jent-um.
opinion of the people. The opinion of the international community as a
whole regarding the content of international law. An alternative phrase is
Opinio iuris communis. This term has a more general meaning than Opinio
iuris (sive necessitatis).
Opinio iuris (sive necessitatis). pn yrs (sw nksstats). upin jris

(siv nusesittis). n. Legal opinion (or else, necessity). The belief by the
international community as a whole that a norm is legally binding, either
because it is an established custom or because the norm is a necessary
condition to the maintenance of a stable world public order. When accom-
panied by long, widespread, and consistent state practice, opinio iuris sive
necessitatis is considered a precondition to the formation of customary
international law. E.g., [F]or a new customary rule to be formed, not only
must the acts concerned amount to settled practice, but they must be

Optimus legum interpres est consuetudo
accompanied by the opinio juris sive necessitatis. Either the States taking such
action or other States in a position to react to it, must have behaved so that
their conduct is evidence of a belief that this practice is rendered obligatory
by the existence of a rule of law requiring it. The need for such a belief, i.e.
the existence of a subject element, is implicit in the very notion of the opinio
juris sive necessitatis. Military and Paramilitary Activities in and Against O
Nicaragua (Nicar. v. U.S.), 1986 I.C.J. Rep. 14, 10809, 207 (quoting North
Sea Continental Shelf Case (F.R.G. v. Den./F.R.G. v. Nether.), 1969 I.C.J.
Rep. 3, 44, 77). Opinio iuris sive necessitatis is one kind of Opinio iuris
gentium. An alternative phrase is Convictio iuris (sive necessitatis). Com-
pare with Communis opinio.
Optima est legis interpres consuetudo. ptma st lgs ntrprs knswtd.

aptimu est lejis intrpres kanswtd. Custom is the best interpreter of law.
A maxim, originating in Justinians Digest, meaning that a vague, ambigu-
ous, or incomplete law should be interpreted in light of customary practices.
See the Vienna Convention on the Law of Treaties art. 31(3)(b), May 23,
1969, 1155 U.N.T.S. 331. Alternative formulations are Consuetudo est op-
tima interpres legum, Optima legum interpres est consuetudo, and Opti-
mus interpres rerum usus.
In the best faith. Having

Optima fide. ptma fd. aptimu fd or -fd. adv.
the highest standard of integrity or good will. Compare with Bona fide.
Optimus interpres rerum usus. ptms ntrprs rrm ss. aptimus intrpres
rrum yzus. The best interpretation comes from usage. An alternative
phrase for Optima est legis interpres consuetudo, originating in Justinians
Institutes.
Optimus interpretandi modus est sic leges interpretare ut leges legibus ac-
cordant. ptms ntrprtand mds st sk lgs ntrprtar t lgs lgbs
akkrdant. aptimus intrpretnd mdus est sik lejz intrpretar t lejz lejibus
ukrdunt. The best manner of interpretation is to interpret laws in such a
way that laws agree with each other. A maxim of common law, attributable
to Edward Coke, meaning that, whenever two laws can reasonably be read in
a manner that avoids conflict between them, they should be so read, because
the drafters should not be presumed to have intended to contradict them-
selves.
Optimus legum interpres est consuetudo. ptms lgm ntrprs st kns-

wtd. aptimus lejum intrpres est kanswetd. Custom is the best interpreter
of the law. An alternative formulation of Optima est legis interpres con-
suetudo, originating in Justinians Institutes.

Opus magnum
Opus magnum. ps magnm. pus mgnum. n. Great work. An authors or

artists masterpiece. An alternative formulation is Magnum opus.
Ordinandi lex. rdnand lks. rdinnd leks. n. Law of ordering. An alterna-
tive formulation of Lex ordinandi.
O Ore tenus. r tns. r tenus. adj. or adv. By word of mouth. An alternative
phrase for Viva voce.

P
................................
Pacem in maribus. pakm n marbs. psum in maribus.n. acc. Peace on the

seas. The accusative declension of Pax in maribus, which would be used in
Latin when the term occupies the place of the direct object of a verb.
n. acc. Peace on the lands.

Pacem in terris. pakm n trrs. psum in teris.
The accusative declension of Pax in terris, which would be used in Latin
when the term occupies the place of the direct object of a verb.
Paci sunt maxime contraria vis et iniuria. pak snt maksm kntrar-a ws t
nyr-a. ps sunt mksim kantrar-u vis et injr-u. Force and wrong are
greatly contrary to peace. A maxim, attributable to Edward Coke, meaning
that the use of force to harm another, even backed by a legal right, tends to
undermine public order. An alternative formulation is Maxime paci sunt
contraria vis et iniuria.
Pacta. See Pactum.
Pacta in favorem tertii. pakta n fawrm trt-. pktu in fvrem tr.

n.
Agreement in favor of a third party. A treaty benefitting a nonparty to
the treaty. A general rule of treaty interpretation provides that treaties will
not normally be construed to confer rights on a nonparty unless the treaty
clearly indicates that such was the intent of the parties, and the third party
consents. See the Vienna Convention on the Law of Treaties arts. 34, 36,
May 23, 1969, 1155 U.N.T.S. 331. See also Pacta tertiis (nec nocent nec
prosunt).
Pacta non obligant nisi gentes inter quas inita. pakta nn blgant ns gnts
ntr kwas nta. pktu nan abligant niz jentz kwas initu. Agreements bind
only those who sign them. A maxim meaning that a treaty cannot create
binding obligations on nonparties. See the Vienna Convention on the Law
of Treaties arts. 3436, May 23, 1969, 1155 U.N.T.S. 331. Compare with
211
Pacta quae turpem causam continent non sunt observanda
Pacta tertiis (nec nocent nec prosunt) and Res inter alios acta alteri nocere
non debet.
Pacta quae turpem causam continent non sunt observanda. pakta kw trpm
ksam kntnnt nn snt bsrwanda. pktu kw trpem kzum kantinent nan
sunt absrvndu. Agreements that embrace a corrupt objective are not re-
P
cognized. A maxim meaning that treaties or contracts embracing illegal or
immoral objectives may be considered legally void or unenforceable. See also
Ex turpi causa non oritur actio.
Pacta sunt servanda. pakta snt srwanda. pktu sunt srvandu. Treaties are
observed. A maxim meaning that every treaty in force binds the parties to
that treaty to perform their obligations in good faith until their adherence to
the treaty has been lawfully terminated (and afterward in the case of obliga-
tions that continue after termination of the treaty). Concomitantly, the
breach of a treaty obligation violates international law except with the
consent of the other parties or, in some cases, under an established rule of
customary international law. E.g., The Court would set a precedent with
disturbing implications for treaty relations and the integrity of the rule pacta
sunt servanda if it were to conclude that a treaty in force between States,
which the parties have implemented in considerable measure and at great
cost over a period of years, might be unilaterally set aside on grounds
of reciprocal non-compliance. Gabckovo-Nagymaros Project (Hung.
v. Slovk.), 1997 I.C.J. Rep. 7, 114. See the Vienna Convention on the
Law of Treaties art. 26, May 23, 1969, 1155 U.N.T.S. 331.
Pacta tertiis (nec nocent nec prosunt). pakta trt-s (nk nknt nk prsnt).
pktu tris (nek nsent nek przunt). Treaties (neither harm nor benefit)
third parties. A maxim meaning that nonparties to a treaty cannot claim
benefits under, or complain of violations of, the treaties of others except
under limited circumstances. Neither can a treaty dispose of a right of a
nonparty to the treaty or otherwise operate to the prejudice of a nonpartys
existing legal rights. See the Vienna Convention on the Law of Treaties arts.
3436, May 23, 1969, 1155 U.N.T.S. 331. An alternative phrase is Pacta tertiis
(non nocent). Compare with Res inter alios (acta) (alteri nocere non debet)
and Pacta non obligant nis gentes inter quas inita.
Pacta tertiis (non nocent). pakta trt-s (nn nknt). pktu tris (nan nsent).
Agreements (do not harm) third parties. An alternative phrase for Pacta
tertiis (nec nocent nec prosunt).
Pactio. pakt. pk. n. [pl. Pactiones. paktns. pknz.] Agreement.

(1) A class of peace treaties used by the Romans permitting innocent passage of

Pactum de negotiando
persons and vessels of each state through the territory of the other. (2) The
process of negotiating an agreement (pactum). Compare with Foedera,
Pactum, and Sponsio.
Pactum. paktm. pktum. n. [pl. Pacta. pakta. pktu.] Agreement.

(1) A binding treaty, convention, or other agreement. (2) A binding contract. P
(3) A nonbinding agreement. Compare with Foedus, Pactiones, and
Sponsio.
Pactum agendo. paktm agnd. pktum ujend. n. Treaty of agenda.

A treaty, the terms of which express an expectation that the parties will
agree on a future course of action. Compare with Pactum de contrahendo.
Pactum conventum. paktm knwntm. pktum kanventum. n. [pl. Pacta con-

venta. pakta knwnta. pktu kanventu.] Agreed upon pact. (1) An agree-
ment between a sovereign ruler and the people he or she governs that
formally limits the rulers power. (2) A municipal constitution or bill of
rights.
Pactum de compromittendo. paktm d kmprmttnd. pktum d kamprumi-

tend. n. Agreement of submission. An agreement to submit disputes to
third-party arbitration; a compromis. E.g., As regards the pactum de compro-
mittendo, international law has made certain progress in developing the
formulas regulating passage from arbitration in potentia to arbitration in
actu, particularly in respect of the appointment of arbitrators by the act of a
third party. Advisory Opinion on Interpretation of Peace Treaties with Bul-
garia, Hungary, and Romania, 1950 I.C.J. Rep. 221, 248 ( Judge Azevedo,
dissenting).
Pactum de contrahendo. paktm d kntrahnd. pktum d kantruhend. n.

Agreement to bargain. (1) A binding agreement to conclude a more detailed
treaty or agreement with the other party to the agreement. (2) A binding
agreement to arbitrate future disputes; a compromis. (3) A binding agreement
having some details left to further negotiation in the expectation that the
parties are legally bound to work out a compromise. Compare with Pactum
agendo. Contrast with Punctationes.
Pactum de negotiando. paktm d ngt-and. pktum d neg-nd. n.

Agreement on conducting business. (1) An agreement on trade, commerce,
or financial dealings between the parties. (2) An agreement on the manner in
which the parties will conduct future business. Note that the Latin verb
negotiare is a faux ami to the English verb to negotiate.

Pactum illicitum
Illicit agreement. An
Pactum illicitum. paktm llktm. pktum ilisitum. n.
agreement that is invalid due to the illegality of the subject matter or the
obligations imposed on one or more of the parties.
Pandectes. pandkts. pndektz. adj. Gr. (commonly used as a n.) All

P received. (1) A collection of all statutes and laws of a particular country or
region. (2) An encyclopedic work. (3) A book that contains all available
information on its subject. Often anglicized as pandect.
Par. par. par. n. An equal. (1) An equal, equivalent, or cognate. (2) Something
equivalent in magnitude, intensity, or value. E.g., Eritrea responded with
declarations from public officials and hospital medical directors contending
that Ethiopians received medical treatment throughout the conflict on par
with Eritreans. Civilian ClaimsEthiopias Claim 5 (Eth. v. Eri.), Perm.
Ct. Arb., Eth.-Eri. Cl. Commn, Partial Award of Dec. 17, 2004, 58, 44
I.L.M. 630, 641 (2005).
Par delictum. par dlktm. par duliktum.n. An equal offense. One who is
equal in wrongfulness to another; one who bears liability for a harm that is
equal with the liability of another. Compare with In pari delicto.
Par in parem imperium non habet. par n parm mpr-m nn habt. par in pa
rem impr-um nan hbet. Equals have no sovereignty over each other. An
alternative formulation of Par in parem non habet imperium.
Par in parem non habet imperium. par n parm nn habt mpr-m. par in pa
rem nan hbet impr-um. Equals have no sovereignty over each other. A
maxim meaning that sovereign states may not exercise prescriptive, execu-
tive, or adjudicative jurisdiction over another sovereign, because such ex-
ercises unacceptably imply that the states do not benefit from equal dignity.
An alternative formulation is Par in parem imperium non habet. See also
Iurisdictio inhaeret, cohaeret, adhaeret imperio; par in parem non habet
iudicium and Par in parem non habet iurisdictionem.
Par in parem non habet iurisdictionem. par n parm nn habt yrsdktnm.

par in parem nan hbet jrisdiknum. Equals have no jurisdiction over each
other. A maxim meaning that no states courts may exercise jurisdiction
over a foreign sovereign. This doctrine was formerly cited to sustain the
absolute sovereign immunity of states from the judicial jurisdiction of
other states. This principle has been successfully challenged by states adopt-
ing a restrictive theory of sovereign immunity that permits the exercise of
judicial jurisdiction over a limited class of acts by a foreign state (acta iure
gestionis). Compare with Rex extra territorium suum privatem. See also

Pari ratione
Iurisdictio inhaeret, cohaeret, adhaeret imperio; par in parem non habet

iudicium and Par in parem non habet imperium.
Parens patriae. parns patr-. parenz ptr-. n.Parent of the country. (1) A
doctrine by which the state has standing to act on behalf of its population
generally or of specific citizens; the state acting in such capacity. Generally, a P
state government is considered empowered to act as parens patriae in the
international arena on behalf of the states citizens to protect their rights
when they have no standing or ability to do so themselves. E.g., Croatia
requests the Court to adjudge and declarethat the Federal Republic of
Yugoslavia has an obligation to pay the Republic of Croatia, in its own right
and as parens patriae for its citizens, reparations for damages to persons and
propertycaused by the foregoing violations of international law in a sum to
be determined by the Court. Application of the Convention on the Prevention
and Punishment of the Crime of Genocide (Croat. v. Serb.), I.C.J. No. 118,
Judgment of Nov. 18, 2008, at 6, 20. (2) More generally, the state or its
government in its capacity as sovereign, acting as guardian or representative
of its population generally or of specific citizens in need of protection or
representation. E.g., Mention may be made in this connection, as empha-
sizing this aspect of guardianship (which is exemplified, in its wider sense, in
the system of protective upbringing), of the fact that in English law the
Crown as the parens patriaethe parent of the country as a wholeis the
supreme guardian of infants and, through its Courts, exercises its authority
in this respect, at every stage, with total disregard of any artificial formalities
of the law. Application of the Convention of 1902 Governing the Guardianship
of Infants (Nether. v. Swed.), 1958 I.C.J. Rep. 55, 90 (separate opinion of
Judge Lauterpacht). Compare with Ex relatione and In loco parentis.
as an adv.) Equal pace.

Pari passu. par pass. par ps. n. (commonly used
(1) Simultaneously. (2) Proceeding together in synchronization; at an equal
pace. E.g., Pari passu with the breaking down of isolation, [which] makes a
common public opinion possible, the building up of standards of conduct is
being accomplished by the formulation and establishment of rules that are
being gradually taken out of the domain of discussion into that of general
acceptance. Elihu Root, Address of the President of the Society, 2 Am. Socy
Intl L. Proc. 14, 18 (1908).
By equal reasoning. By the same

Pari ratione. par ratn. par rn. adv.
or similar reasoning as that relied upon previously. E.g., The rules regulat-
ing [the ordering of payments of debts owed by a decedent], in common
with all other incidents attending to the administration of a decedents estate,
are those prescribed by the law of the place where the assets administered are

Parte inaudita
situated (lex fori et situs).Pari ratione, the lex fori et situs will determine the
nature of the assets there situated, as whether they are to be deemed real or
personal, legal or equitable. Raleigh C. Minor, Conflict of Laws; or,
Private International Law 24546, 111 (1901).
P adv. One party being unheard.

Parte inaudita. part ndta. part inditu.
An alternative term for Inaudita altera parte.
Passim. passm. psim. adj. Here and there. A signal often used in citations
to indicate that evidence to support the cited assertion is found throughout
the referenced work, so that citation to specific pages would be unhelpful.
Paterfamilias. patrfaml-as. patrfml-us. n. Father of the family.

(1) The head of the household. In this sense, the term is sometimes used
metaphorically to denote the leader of a small group. (2) A guardian. (3) An
independent person. In Roman times, it connoted a relatively unrestrained
autocratic power over ones family and children in particular. See also Bonus
paterfamilias.
Patientia. pat-nt-a. pen-u.n. Toleration. (1) Toleration. (2) Forbear-

ance. Grotius used this term to indicate the international responsibility
incurred by a sovereign for failing to prevent internationally illegal acts by
his or her citizens or officials when such acts were both preventable and
reasonably foreseeable or actually detected. See Hugo Grotius, 2 De Jure
Belli ac Pacis ch. 21, para. 2 (1625). Compare with Receptus.
Patria. patr-a. ptr-u. n. Fatherland. (1) The state or its territory.

(2) A persons state of nationality.
Pax. paks. pks. n. Peace. (1) The absence of any armed conflict of significant
intensity. (2) The period of time between major wars. (3) Generally friendly
or otherwise nonhostile relations between or among states.
Pax Americana. paks amrkana. pks amriknu. n. American Peace. A term

sometimes used to denote a period of relative worldwide geopolitical stability
sustained by American power, lasting from 1945 to the present. Compare
with Pax Europeana.
Pax Britannica. paks brtannka. pks britniku. n. British Peace. A term

sometimes used to denote a period of relative geopolitical stability in Europe
sustained by British naval power and the defeat of the French armies at
Waterloo, lasting from 1815 to 1870.
European Peace. A term

Pax Europeana. paks rp-ana. pks yrp-nu. n.
sometimes used to denote a period of geopolitical stability in Western

Per analogiam
Europe reinforced by the political and military power of European Com-

munities and the North Atlantic Treaty Organization, lasting from 1945 to
the present. Compare with Pax Americana.
Pax in maribus. paks n marbs. pks in maribus. n. Peace on the seas. The
absence of war or other armed conflict on the high seas. Even during a
P
general war, vessels of an innocent neutral or civilian on the high seas, and
hospital ships, must be respected. See, e.g., Hague Convention (III) for the
Adaptation to Maritime Warfare of the Principles of the Geneva Conven-
tion of August 22, 1864, arts. 12, 6, July 29, 1899, 32 Stat. 1827; Geneva
Convention (II) for the Amelioration of the Condition of Wounded, Sick,
and Shipwrecked Members of Armed Forces at Sea art. 22, Aug. 12, 1949, 75
U.N.T.S. 31. See also Occupatio non praecedit nisi in re terminata.
Pax in terris. paks n trrs. pks in teris. n. Peace on the lands. (1) The absence of
armed conflict on the land (as opposed to the sea). (2) Worldwide peace.
Pax Romana. paks rmana. pks rmnu. n. Roman Peace. A term sometimes
used to denote a period of relative geopolitical stability in most of Europe,
North Africa, and the Middle East sustained by Roman power from ap-
proximately 27 BCE to 180 CE.
Pendente bello. pndnt bll. pendent bel.adv. During war. (1) While
engaged in a formal war. (2) During the course of an armed conflict. E.g.,
The dispossession of the lawful government by the invader pendente bello is
no more than an incident of military occupation. Hersch Lauterpacht,
Recognition of States in International Law, 53 Yale L.J. 385, 412 n.63 (1944).
During the lawsuit. During
Pendente lite. pndnt lt. pendent lit. adv.
the prosecution or pendency of a lawsuit, as opposed to before the lawsuit has
been instituted or after a final judgment has been entered. E.g., These
interim measures will cease to have effect as from the date of the present
Judgment, since the power of the Court to indicate interim measures under
Article 41 of the Statute of the Court is only exercisable pendente lite.
Fisheries Jurisdiction (F.R.G. v. Ice.), 1974 I.C.J. Rep. 175, 70 (Merits).
Compare with Ad litem. See also Lis pendens.
Pendente litis. A common misspelling of Pendente lite.
Per ambages. pr ambags. pr mbugz. adv. By evasions. (1) Furtively;
evasively. (2) Indirectly.
Per analogiam. pr analg-am. Pr nuljum. adj. By analogy. By inference
from a different principle or scenario having sufficient similarities to the
matter at hand to instruct its resolution. E.g., A measure taken by an official

Per annum
outside the sphere of competence of that official is by definition a non-

existent measure, a measure limited to the factual sphere as it is devoid of
legal effect. In that respect the qualification contained in the commentary on
Article 8 of the Convention on the Law of Treaties is applicable per
analogiam. Application of the Convention on the Prevention and Punishment
P of the Crime of Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595, 705,
39 ( Judge ad hoc Krea, dissenting).
Per annum. pr annm. pr num. adv. By the year. On an annual basis; every
year. E.g., At the expiration of said periods, the said sum will bear interest at
the rate of 6 per cent. per annum, the legal rate of interest in Portugal. The
Expropriated Religious Properties Cases (Gr. Brit. v. Port.), Perm. Ct. Arb.,
Award of Sept. 2, 1920, 2, H.C.R. (2d series), at 8 (Scott 1932).
By head-count. Based on the number

Per capita. pr kapta. pr kpitu. adv.
of relevant individuals; on a per-person basis. E.g., [A]s per capita income
[in Turkey] has been gradually increasing since the 2001 financial crisis, the
demand for importation of goods, including rice, has also increased.
TurkeyMeasures Affecting the Importation of Rice, WTO Doc. WT/
DS334/R, at 222 (Sept. 21, 2007).
Per consequens. pr knskwns. pr kansekwens. adv. By consequence. Con-

sequently; therefore. Compare with Ergo and Ideo.
Per contra. pr kntra. pr kantru. adv. By the opposite. (1) To the contrary;
in contradiction. E.g., [C]ounsel for Respondent considered that a compe-
tency to grant a request for the ending of the Mandate is totally unrelated to
the subject of a supervisory power. Per contra, the correct conclusion is that
such a competency is one of the highest manifestations of supervisory
power. South West Africa Cases (Eth. v. S. Afr.; Liber. v. S. Afr.), 1966
I.C.J. Rep. 6, 388 ( Judge Jessup, dissenting). (2) On the other hand; in
contrast. E.g., [T]here have certainly been cases in which a claim has been
pronounced to be inadmissible, even though the objections on the score of
jurisdiction had not been fully disposed of, so that strictly the court might
not be competent to act at all. Per contra, there have been cases in which a
court has found itself to be competent, yet has refused to proceed any further,
on what were essentially grounds of propriety. Northern Cameroons Case
(Camer. v. U.K.), 1963 I.C.J. Rep. 15, 102 (separate opinion of Judge Fitz-
maurice).
Per curiam. pr kr-am. pr kyr-um. adv. By the court. Having been

written by a tribunal unanimously, without any specific designated author.
Compare with Tota curia.

Per feloniam
Per definitionem. pr dfntnm. pr defininum. adv. By way of defini-

tion. In the way of a definition; as a definition. E.g., Aggression per
definitionem is the use of armed force by a state against the sovereignty,
territorial integrity or political independence of another state, or in any other
manner inconsistent with the Charter of the United Nations. Application of
the Convention on the Prevention and Punishment of the Crime of Genocide P
(Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595, 690 (Judge ad hoc Krea,
dissenting).
By saying. By way of a dictum; as a

Per dictum. pr dktm. pr diktum. adv.
dictum. E.g., [ Judge] Shahabuddeen nevertheless noted per dictum that
Yugoslavia might have a duty to exercise due diligence. Jan Arno Hess-
bruegge, The Historical Development of the Doctrines of Attribution and Due
Diligence in International Law, 36 Intl L. & Pol. 265, 304 (2004). See
Dictum.
Per diem. pr dm. pr dum. By the day. (1) adv. Daily. E.g., The
Commission observes that the No. 1 diet is set out in the Schedule to the
Prison Rules (Northern Ireland) 1954 and, when awarded for a period of
three days, consists of the following: 12 ozs. bread and 8 ozs. potatoes per
diem with water and 1 pint of tea morning and night and 1 pint soup mid-
day. McFeeley v. United Kingdom, 3 E.H.R.R. 161, 74 (Eur. Commn
Hum. Rts. 1981). (2) adv. Based on the number of days, as in the average
number of cases heard by a tribunal per diem. (3) n. An amount of money
allocated daily to an employee, contractor, or agent for quotidian expenses.
Per expressum. pr ksprssm. pr ekspresum. adv. Expressly. Explicitly; in

clear and direct language.
By
Per facta concludentia. pr fakta knkldnt-a. pr fktu kankldenu. adv.
tacit deed. By implicit or tacit consent. E.g., The Permanent Court
attached no importance to the form in which consent to its jurisdiction
was given; this could be effected merely per facta concludentia. But the three
States have not accepted the jurisdiction of the Court in any form. Advisory
Opinion on Interpretation of Peace Treaties with Bulgaria, Hungary, and
Romania, 1950 I.C.J. Rep. 65, 96 (Judge Winiarski, dissenting). See also
Facta concludentia.
adv. By what is proper or

Per fas aut nefas. pr fas t nfas. pr fs t nefs.
improper. By any means, regardless of legality or ethics.
Per feloniam. pr fln-am. pr feln-um. adv. By criminality. With criminal

intent.

Per fraudem
Per fraudem. pr frdm. pr frdum. adv. By fraud. By means of fraud or

deception.
Per incuriam. pr nkr-am. pr inkyr-um. adv. By way of neglect. (1) Having
occurred through neglect or negligence. (2) Having incorrect or faulty
P reasoning.
Per insidias et industriam. pr nsd-as t ndstr-am. pr insid-us et industr-
um. adv. By artifices and effort. Designedly; by careful planning with
foresight.
Per legem. pr lgm. pr lejum. adv. By law. According to or under the law.
By the law of the land.
Per legem terrae. pr lgm trr. pr lejum ter. adv.
According to the domestic law of the state concerned.
Per minas. pr mnas. pr mnus. adv. By threats. Occurring by threats of
violence, extortion, or other coercion.
Per modum exceptionis. pr mdm ks-kptns. pr mdum eksepnis. adv.
By means of exception. By way of exception; as an exception.
Per procurationem. pr prkratnm. pr prakyrnem. adv. By the agency.
Through the intercession of ones agent; by proxy.
Per quod. pr kwd. pr kwad. prep. pro. (sometimes used as an adj.) By
which. (1) By or through which. (2) Based on facts or a legal theory that
proves an otherwise incomplete case. Historically, at common law, libel per
quod was an indirect libel, the defamatory character of which was not
apparent except by reference to facts known to the reader and not explicitly
stated. See William L. Prosser, Libel Per Quod, 46 vir. l. rev. 839 (1960).
Per saltum. pr saltm. pr saltum. adv. By a leap. All at once; instantly rather
than gradually.
Per se. pr s. pr s. adj. or adv. By itself. (1) In and of itself. (2) Alone.
(3) Inherently. E.g., A weapon that is already unlawful per se, whether by
treaty or custom, does not become lawful by reason of its being used for a
legitimate purpose under the [UN] Charter. Advisory Opinion Concerning the
Legality of the Threat or Use of Nuclear Weapons, 1996 I.C.J. Rep. 226, 39.
adv. Universally.
Per universitatem. pr nwrstatm. pr ynivrsittem.
(1) Universally; by all relevant persons. (2) Unanimously. Compare with
Nemine contra dicente and Una voce.
n. Treason. (1) An offense against the

Perduellio. prdll. prd-el.
states sovereignty, independence, or political integrity committed by its

Persona standi in iudicio
own citizen; treason. (2) In Roman law, a crime that, at various points
in history, ranged from treason to any conduct that harmed Rome.
Compare with Crimen laesae maiestatis and Crimen maiestatis. See also
Laesa maiestas.
An
Perseverare diabolicum. prswrar d-ablkm. prsevrar dubalikum. P
abbreviated form of Errare humanum est, (sed) perseverare diabolicum.
Persona. prsna. prsnu. n. Mask. (1) An individual person. (2) Legal

personality.
Persona ficta. prsna fkta. prsnu fiktu. n. [pl. Personae fictae. prsn fk
t. prsn fikt.] Fictitious person. A fictitious person created under law
(under either the municipal law of a state or international law) and endowed
with legal personality. A corporation, a nonprofit organization, and an
intergovernmental organization can all be personae fictae. Alternative terms
are Persona iuridica and Persona moralis.
Persona grata. prsna grata. prsnu gratu. n. [pl. Personae gratae. prsn
grat. prsn grat.] Welcome person. A diplomat accredited to and
accepted by the receiving state. Contrast with Persona non grata.
Persona iuridica. prsna yrdka. prsnu jridiku. n. Juridical person. An

alternative term for Persona ficta.
Persona moralis. prsna mrals. prsnu mrlis. n. Moral person. An

alternative term for Persona ficta.
Persona non grata. prsna nn grata. prsnu nan gratu. n. [pl. Personae non
gratae. prsn nn grat. prsn nan grat.] Unwelcome person. (1) A term
used to designate a diplomat or member of a mission staff whose request to
be posted in a receiving state or whose continued presence in a receiving state
is rejected by the receiving state. If the diplomat is present in the receiving
state, he or she must return to the sending state upon designation as persona
non grata. E.g., The receiving State may at any time and without having to
explain its decision, notify the sending State that the head of the mission or
any member of the diplomatic staff of the mission is persona non grata or that
any other member of the staff of the mission is not acceptable. Vienna
Convention on Diplomatic Relations art. 9(1), Apr. 18, 1961, 500 U.N.T.S.
95. (2) Generally, a person whose presence is unwelcome or unwanted.
Contrast with Persona grata. See also Non grata.
Persona standi in iudicio. prsna stand n ydk. prsnu stnd in jdi.

n. Person of standing in a court. (1) A person having standing to appear

Petitio principii
before a tribunal to represent himself or his or her principal. (2) The right or
capacity of standing to appear before a tribunal.
n. A laying claim to the

Petitio principii. ptt prnkp-. peti prinsip.
premise. A fallacious argument that begs the question, or assumes the very
P premise, it is supposed to prove. E.g., In order to assert its view, the Belgian
Government has repeatedly referred to a figurative concept of piercing the
veil of corporate personality. So far as this slogan is concerned, however, it
simply means that the shareholders must be protected by their national State
regardless of the juridical personality of the corporation. It is a petitio
principii and nothing more. Barcelona Traction, Light, and Power Co., Ltd.
(Belg. v. Spain), 1970 I.C.J. Rep. 3, 120 (separate opinion of Judge Tanaka).
Petitum. pttm. petitum. n. Claim. (1) A claim at law. (2) A complaint.

(3) A petition for relief. See also Petitus.
Petitus. ptts. petitus. n. The claimed thing. The subject matter of a claim,
complaint, or petition for relief. See also Petitum.
Pirata est hostis humani generis. prata st hsts hman gnrs. pretu est
hastis hymun jenuris. A pirate is the enemy of humankind. A maxim,
sometimes attributed to Cicero (De Officiis III.107) and also found in
Edward Cokes Institutes of the Laws of England (3:113), meaning that one
who engages in piracy has set himself or herself in opposition to the interests
of every state and peoples. He is, therefore, an enemy to humankind and a
criminal subject to universal jurisdiction. During much of the sixteenth
through eighteenth centuries, a privateer in time of war carrying a lawful
letter of marque was not, however, considered a pirate in spite of depreda-
tions on the merchant shipping of another state. See also Hostis humani
generis.
Pirata non mutat dominium. prata nn mtat dmn-m. pretu nan mytt
dumin-um. A pirate does not change ownership. A maxim meaning that
the unlawful capture of a vessel (viz., by piracy) cannot constitute a lawful
prize or otherwise result in a change of ownership of the vessel. After
recapture, the vessel must be restored to its last owner (a right sometimes
called le droit de rescousse, or right of rescue).
n. pl. Pleas of law. (1) General

Placita iuris. plakta yrs. plsitu jris.
principles of law, as opposed to conclusions of law based on specific facts.
(2) A statement of positive law.
n. Fullness of
Plenitudo potestatis. plntd ptstats. plenitd ptesttis.
power. (1) Full sovereign power. (2) Unlimited power. E.g., In contrast to

Possessio longi temporis
the classical and medieval legalists, the canonists did not think the papal
plenitudo potestatis could have been granted by the Christian people. The
pope received his authority from God. J.D. Watt, Spiritual and Temporal
Powers, in Cambridge History of Medieval Political Thought 433
( J.H. Burns ed., 1988).
P
Pleno iure. pln yr. pln jr. adv. In full right. Having an unrestricted
right to something.
Portus. prts. prtus. n. Port. (1) Port. (2) Harbor.
adj. Of positive law. Deriving

Positivi iuris. pstw yrs. pazitiv jris.
from or relating to the positive law, as opposed to natural right or ethics.
E.g., That the correspondence of the institution [of adoption] in all its main
particulars, as it prevailed in the three countries of India, Greece, and Italy,
was the result of communication, and not a coincidence, is inferable, con-
sidering that adoption, like inheritance, is an affair positivi juris, instead of
depending upon those fundamental and universal principles, which, animat-
ing the breasts, and influencing the conduct of mankind in general, produce,
in various subjects of familiar intercourse, an identity of rule. Thomas
Strange, Hindu Law 95 (5th ed. 1875).
Possessio. pssss. puze. n. Possession. Actual possession of personal

property or occupation of territory. E.g., Immemorial possession sive in-
definita manifests itself as a present and evident fact the commencement of
which is unknown. It requires the fulfilment of two conditions. One condi-
tion is positive: proof of a peaceful possessio during the critical period,
exercised for so long that there is no longer any memory of a time when it
did not exist. Advisory Opinion on Western Sahara, 1975 I.C.J. Rep. 12, 154
n. Pos-
Possessio ad interdicta. pssss ad ntrdkta. puze d intrdiktu.
session for interdiction. Occupation of territory or territorial waters for the
purpose of blockading the territory and preventing trade or maritime com-
munication therewith.
Possessio ad usucapionem. pssss ad skapnm. puze d yzkpnem.

n. Possession for the purpose of acquiring ownership. Adverse possession
of territory or territorial waters for the purpose of annexation or claiming
ownership of the territory or waters.
n.
Possessio longi temporis. pssss lng tmprs. puze la tempris.
Possession for a long period of time. A claim to sovereignty over a
territory by virtue of long occupation and administration without significant

Possessio nec vi nec clam nec precario
interruption or consistent opposition from any other interested state. E.g.,

In its opinion Norway can justify the claim that these waters are territorial
or internal on the ground that she has exercised the necessary jurisdiction
over them for a long period without opposition from other States, a kind of
possessio longi temporis. Fisheries Case (U.K. v. Nor.), 1951 I.C.J. Rep. 116. See
P also Uti possidetis (iuris).
Possessio nec vi nec clam nec precario. pssss nk w nk klam nk prkar.

puze nek v, nek klm, nek preker. n. Possession neither by force, nor
secretly, nor by entreaty. (1) Adverse possession of property. (2) Peaceful
occupation of territory obtained in a lawful manner without the use of force,
fraud, or by gratuitous revocable loan by the owner or previous possessor. See
also Uti possidetis (iuris).
Post. pst. pst. adv. Later. Later; subsequently. The term post is sometimes
used as a citation signal to indicate that the cited reference appears later in
the same document. E.g., The dissenting opinion argues that our conclu-
sion that Wilko is inapplicable to the situation presented in this case will
vitiate the force of that decision. Post, at 2461. Scherk v. Alberto-Culver
Co., 417 U.S. 506, 517 n.11 (1974). Compare with Infra (citatum). Contrast with
Ante.
Post factum. pst faktm. pst fktum. adj. After the fact. Afterward; after the
event in question. Compare with Ex post facto.
Post hoc. pst hk. pst hak. adj. After this. Occurring retrospectively; after
the event in question. E.g., [The Claimants argue] that the Respondent did
not rely on the Convention when it cancelled the project, and that the
Respondent has only invoked the Convention as a post hoc rationalization
for an act of expropriation which in fact had nothing to do with the
Convention. Southern Pacific Properties (Middle East) Ltd. v. Egypt,
ICSID Case No. ARB/84/3, Award of May 20, 1992, 153. Compare with
Ex post facto and Nunc pro tunc. Contrast with Ante factum and Ante hoc.
Post hoc ergo propter hoc. pst hk rg prptr hk. pst hak rg praptr hak.
After this, therefore because of this. An expression of the logical fallacy
wherein one infers from the fact that a later event follows a prior event that
the prior event must therefore have caused the later one. E.g., It is incorrect
to claim that the United States is applying the suspension of concessions or
other obligations with respect to a new measure just because the United
States continues to apply multilaterally authorized suspension of concessions
or other obligations on a date after the EC unilaterally announced its
compliance. This is the classic post hoc, ergo propter hoc (after, therefore

Postliminium
because) fallacy. United StatesContinued Suspension of Obligations in the

ECHormones Dispute, Panel Report of Mar. 31, 2008, WTO Doc. No.
WT/DS320/R, Annex B-3, 5.
Post mortem. pst mrtm. pst mrtum. After death. (1) adj. Occurring after
death. E.g., The remains of members of the force, the civilian component, P
and dependents who die in Spanish territory may be claimed, given post
mortem examination, embalmed and transported outside such territory upon
authorization of the appropriate Spanish authorities. Agreement on Friend-
ship, Defense, and Cooperation (U.S.-Spain), Annex 1, art. 9, July 2, 1982, 34
U.S.T. 3885. (2) adj. Occurring after the demise, dissolution, or negation of a
thing or concept. (3) n. An examination or analysis of a previously existing
thing or concept. E.g., Korea, however, has not studied the detail of the ASI
report, which was submitted to a different panel in a different case, and is
concerned with a market in a different country. It is therefore unable to
comment on the merits of the ASI study. Moreover, Korea doubts the value
of a post-mortem onthe ASI study itself. KoreaTaxes on Alcoholic Bev-
erages, Panel Report of Sept. 17, 1998, WTO Doc. No. WT/DS75/R, at 148,
7.24.
Post partum. pst partm. pst partum. adj. After separation. Occurring after
a separation. The term is often used to refer to the period immediately after a
woman has given birth, but can be applied to any period or event following
the separation of two formerly united or affiliated entities. E.g., [T]he
author does not attempt in this thin volume to describe thepost-partum
depressions or raging fevers [of countries that had recently achieved inde-
pendence from colonial powers]. Willard Barber, Review of Philip C. Jessup,
The Birth of Nations, 71 Am. Poli. Sci. Rev. 846, 847 (1977).
Post tantum temporis. pst tantm tmprs. pst tntum tempris. adv. After
so long a time. After a very long time; following a long delay.
Postliminium. pstlmn-m. pstlimin-um. n. A return to ones threshold.

(1) The right under international law, after a belligerent occupation has
ended and the occupied state has regained an independent government, to
invalidate acts (such as transfers of property) performed by the occupying
belligerent in the occupied states territory. (2) A Roman legal doctrine
whereby Roman soldiers captured by an enemy are regarded as having died
freemen before capture, thereby suspending their civil and property rights.
Upon their return to Rome, the liberated soldiers reassumed the suspended
civil and property rights. See also Infra praesidium.

Potentia debet sequi iustitiam, non antecedere
Potentia debet sequi iustitiam, non antecedere. ptnt-a dbt skw ystt-
am, nn antkdr. ptenu debet sekw justium, nan ntsdr. Force should
follow justice, not precede it. A maxim meaning that the use of armed force
should only proceed in the service of a just cause, contrary to the maxim
might makes right.
P
n. Power of the sword.
Potestas gladii. ptstas glad-. ptestus gld.
(1) Military power; armed force. (2) In Roman law, the power of the
government to enforce the laws and administer justice and punishment,
including the death penalty. This was also termed ius gladii (the right of
the sword).
Potestas stricte interpretatur. ptstas strkt ntrprtatr. ptestus strikt in-
trprettr. Power is interpreted narrowly. A principle of agency law to the
effect that the scope of the agency should be interpreted conservatively in the
absence of a clear mandate.
Potestas terrae finitur, ubi finitur armorum vis. ptstas trr fntr, b fn
tr armrm ws. ptestus ter finitr, b finitr armrum vis. Power over the
land ends wherever the force of arms ends. An expression of the cannon-
shot rule, which was used to establish each states maritime territorial
boundaries by the maximum distance of a cannon shot from shore aimed
seaward in a direction perpendicular to the shore. The cannonshot rule was
superseded by developments in customary maritime law and, ultimately, the
rule codified in the UN Convention on the Law of the Sea, which estab-
lished territorial sea boundaries generally at twelve nautical miles from the
littoral baseline. See the UN Convention on the Law of the Sea art. 3, Dec.
10, 1982, 21 I.L.M. 1245 (1982). An alternative formulation is Terrae domin-
ium finitur, ubi finitur armorum vis.
Praedium. prd-m. prd-um. n. Tenement. (1) An estate; real property.

(2) Land or territory generally.
Praedium dominans. prd-m dmnans. prd-um daminnz. n. Dominant
tenement. Territory or property that benefits from an easement or servitude.
E.g., [A] servitude in international law predicates an express grant of a
sovereign right and involves an analogy to the relation of a praedium dominans
and a praedium serviens; whereas by the Treaty of 1818 one State grants a
liberty to fish, which is not a sovereign right, but a purely economic right, to
the inhabitants of another state. The North Atlantic Coast Fisheries Arbitra-
tion (U.K. v. U.S.), 11 R.I.A.A. 167 (1910). Contrast with Praedium serviens.
n. Servient tene-
Praedium serviens. prd-m srw-ns. prd-um srv-enz.
ment. Territory or property that is burdened by an easement or other right

Pretium doloris
held by a state other than the territorys or propertys owner. Contrast with,
and see the example of usage in, Praedium dominans.
n. Prescription. (1) A principle that
Praescriptio. prskrpt. prskrip.
supports a states claim to annexation or acquisition of territory through its
undisputed exercise of sovereignty over it. (2) A defensive plea or objection in
P
a case being heard before a tribunal.
n. Prescription of the
Praescriptio fori. prskrpt fr. prskrip fr.
forum. A formal objection to a claim against a person based on the tribunals
lack of jurisdiction over the person objecting.
Praesumptio iuris (et de iure). prsmpt yrs (t d yr). przump jris et
d jr. n. Presumption of law (and by law). A presumption as a matter of
law that applies by default. In some cases, the presumption is irrebuttable; in
others, it may be defeated by a showing of sufficient contrary evidence. An
alternative spelling is Presumptio iuris (et de iure).
Presumptio iuris (et de iure). An alternative spelling of Praesumptio iuris (et
de iure).
Apart from the law. Relating to a

Praeter legem. prtr lgm. prtr lejem.
matter not clearly addressed by the law, as in Aquitas praeter legem.
Compare with Contra legem. Contrast with Infra legem.
Praetor inter peregrinos. prtr ntr prgrns. prtr intr perugrins.
n.
The magistrate between aliens. An alternative term for Praetor peregri-
nus.
The magistrate for

Praetor peregrinus. prtr prgrns. prtr perugrinus. n.
aliens. A Roman magistrate who administered the ius gentium, or law
relating to the treatment of foreign citizens and their relations with each
other and with Roman citizens within the Roman Empire. An alternative
term is Praetor inter peregrinos.
Prece partium. prk part-m. pres part-um. n. At the request of the
parties. Done at the request of one or more parties to a dispute.
Pretium. prt-m. preum or prum. n. Price. (1) Reward. (2) Price; value.
(3) Fee. (4) Amount.
Pretium doloris. prt-m dlrs. preum- or prum dulris. n. Price of pain.
Intangible or moral damage caused by a wrongful act, such as mental
anguish. E.g., Hungaryreferred to reparation of the damage to the
fauna, the flora, the soil, the sub-soil, the groundwater and the aquifer, the
damages suffered by the Hungarian population on account of the increase in

Prima facie
the uncertainties weighing on its future (pretium doloris), and the damage
arising from the unlawful use, in order to divert the Danube, of installations
over which the two Parties exercised joint ownership. Gabckovo-Nagymaros
Project (Hung. v. Slovk.), 1997 I.C.J. Rep. 7, 127.
P adj. or adv. At first sight. Superficial;

Prima facie. prma fak-. prmu fu.
according to the initial impression made. A prima facie case is a claim, the
evidence or arguments supporting which are sufficiently convincing to allow
the claim to proceed to further evaluation. E.g., In contemporary interna-
tional law, the State which first undertakes specified unprovoked, unlawful
uses of force against another Statesuch as substantial involvement in the
sending of armed bands onto its territoryis, prima facie, the aggressor.
Military and Paramilitary Activities in and Against Nicaragua (Nicar. v.
U.S.), 1986 I.C.J. Rep. 13, 27172, 14 (Judge Schwebel, dissenting). Com-
pare with Primo fronte and Ictu oculi. See also Ex facie.
Primo. prm. prm. adv. At first. First in numerical order. E.g., The
differences between [ius standi and personal jurisdiction], however, are consid-
erably greater, making them distinct processual conditions. Primo, they reflect
the different aspects of the legal nature of the Court. Application of the
Convention on the Prevention and Punishment of the Crime of Genocide (Bosn.
& Herz. v. Yugo.), I.C.J. No. 91, Judgment of Feb. 26, 2007, at 17, 35 (separate
opinion of Judge ad hoc Krea). Compare with Semel. See also Primus.
Primo fronte. prm frnt. prm frunt. adv. At first sight. (1) Superficially.
(2) Evidently. Compare with Prima facie and Ictu oculi.
Primo loco. prm lk. prm lk. adv. In the first place. (1) As first in
order. (2) In the first location.
Primo prosequi, secundo dedere. prm prskw, sknd ddr. prm pra
sekw, sekund dedr. adv. v. First to prosecute, second to deliver. A
variant of the aut dedere aut iudicare principle espoused by some publicists
according to which the states primary obligation is to try a person shown to
have committed a national or international crime in another states territory
or, if it declines, to extradite the individual to the offended state. E.g., Article
146 of the IVth Geneva Conventionaccording to some authors even
prioritizes prosecution over extradition: primo prosequi, secundo dedere. Even
if one adopts the doctrinal viewpoint that the notion of universal jurisdiction
assumes the presence of the offender, there is nothing in Article 146 that
warrants the conclusion that this is an actual requirement. Arrest Warrant of
11 April 2000 (Congo v. Belg.), 2002 I.C.J. Rep. 3, 175, 62 (Judge Van den
Wyngaert, dissenting). Compare with Aut dedere aut iudicare.

Pro bono et malo
Primum decretum. prmm dkrtm. prum dekrtum. n. First decree. In

maritime law, a provisional order or decree.
Primum mobile. prmm mbl. prmum mbil. n. First mover. The first or
main cause of something.
Primus. prms. prmus. adj. First. First in numerical order. See also Primo P
and Semel.
Primus in tempore potior (est) in iure. prms n tmpr ptr (st) n yr.
prmus in tempr pr (est) in jr. The first in time (is) the more powerful
in right. A maxim meaning that the first to acquire possession of property
may claim a superior right to the property relative to others who acquire
possession later in time.
n. First among
Primus inter pares. prms ntr pars. prmus intr parz.
equals. One who, although formally equal to his or her peers, informally
possesses greater power or stature. E.g., The Presidency of the Republic of
Bosnia and Herzegovina taken as a whole, as a collegium, is the organ of
representation according to the Constitution. The President of the Presi-
dency as the primus inter pares does not exercise any independent political
powers. Application of the Convention on the Prevention and Punishment of
the Crime of Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595, 695,
29 (Judge ad hoc Krea, dissenting).
The
Princeps legibus solutis. prnkps lgbis slts. prinseps lejibus saltis.
sovereign can do no wrong. A largely defunct maxim meaning that a
sovereign state or its government may not be hailed before a tribunal to
answer for its actions or policies.
Prior in tempore, potior in iure. prr n tmpr, ptr n yr. prr in temp
r, ptr in jr. First in time, greater in right. A maxim meaning that the
law favors those who establish their rights earlier rather than later. This
principle is often cited in private law to support the claims of prior creditors
over later creditors. An alternative phrase is Qui prior est tempore potior
est iure.
Pro. pr. pr. prep. For. (1) For the purpose of. (2) In preparation of. (3) In
favor of. (4) Because of; due to.
For the good. (1) For the good (of

Pro bono. pr bn. pr bn. adj. or adv.
something). (2) An abbreviation of Pro bono publico.
Pro bono et malo. pr bn t mal. pr bn et ml. adj. or adv. For good and
ill. For whatever the consequences may be, whether beneficial or harmful.

Pro bono publico
Pro bono publico. pr bn pblk. pr bn publik.adj. or adv. For the

good of the public. Done or performed on behalf of the good of society and
not for the gain of the person performing the work. The term is generally
used with respect to an attorneys services on behalf of the indigent or
unrepresented. Commonly abbreviated Pro bono.
P
adv. For the fact. Considering or assuming a
Pro facto. pr fakt. pr fkt.
stated proposition as if it were fact.
Pro forma. pr frma. pr frmu. adj. or adv. For form. For the sake of
appearances or formal procedures only; without substantive import. E.g.,
Throughout, one finds that the importantinstructions issued from Great
Britain, the United States and Belgium and Spain itself, but rarely if ever
from Canada. The general meetings of shareholders held in Toronto seem to
have been pro forma affairs. Barcelona Traction, Light, and Power Co., Ltd.
(Belg. v. Sp.), 1970 I.C.J. Rep. 3, 190, 49 (separate opinion of Judge Jessup).
adj. On behalf of a
Pro foro externo. pr fr kstrn. pr fr ekstrn.
foreign forum. With respect to external matters. In international relations,
matters pro foro externo relate to foreign, as opposed to domestic, affairs.
Contrast with Pro foro interno.
adj. On behalf of the
Pro foro interno. pr fr ntrn. pr fr intrn.
internal forum. With respect to internal matters. In international relations,
matters pro foro interno relate to domestic, as opposed to foreign, affairs.
Contrast with Pro foro externo.
Pro foro interno et externo. pr fr ntrn t kstrn. pr fr intrn et
ekstrn. adj. On behalf of the internal and foreign forum. Both within and
outside the state; in both the states municipal and foreign relations spheres.
E.g., The notion of sovereignty appears in international law under two
aspects: (a) as the doctrine of a rigid positivism according to which only
rules expressly recognised by international custom and treaties are the
exclusive sources of international law; (b) as the conception of the State as
an entity of absolute legal and moral value, for which international law exists
lawfully only so far as it is subservient to its self-preservation and develop-
ment. The first is a formal statement to the effect that the will of the State is
the ultimate and exclusive source of law pro foro interno et externo. Hersch
Lauterpacht, Private Law Sources and Analogies of International
Law 43 (1927).
Pro futuro. pr ftr. pr fyr.adv. For the future. (1) Beginning at
present and extending indefinitely into the future. E.g., [I]t is quite realistic
to expect that the Republic of Croatia will pro futuro cooperate with the

Pro rata
Tribunal as it has already done in surrendering Mr. Aleksovski to the

Tribunal. Prosecutor v. Aleksovski, ICTY Case No. IT-95-14/1, Transcript
of Dec. 2, 1998 (statement of Mr. Mikulicic, Defense Counsel). (2) To occur
at some time in the future. Compare with De futuro and In futuro.
For the
Pro gravitate admissi. pr grawtat admss. pr grvitt dmis. adv.
P
gravity perpetrated. According to the gravity of the offense or harm.
Compare with Pro modo admissi.
adj. or adv. For this
Pro hac vice. pr hak wk. pr hk vs or -vsu or -v.
turn. (1) For or on a specific occasion only. (2) A permission given by a
tribunal for a person who would not normally be entitled to appear before the
tribunal to enter a special appearance, for example, as an agent or counsel for
one of the parties to the dispute.
Pro indefenso. pr dfns. pr indufens. adv. For the lack of defense. With
reference to one lacking in or not offering a defense.
adv. For the
Pro loco et tempore. pr lk t tmpr. pr lk et tempr.
place and time. For or relating to the location and time that an event has
occurred or is expected to occur.
adv. For greater
Pro maiori cautela. pr mayr ktla. pr mujr ktelu.
caution. An alternative phrase for Ob maiorem cautelam.
For the manner
Pro modo admissi. pr md admss. pr md dmis. adv.
perpetrated. According to the kind or magnitude of the offense or harm.
Compare with Pro gravitate admissi.
Pro parte. pr part. pr part. adv. For the part. Partly; in part.
For country
Pro patria (et rege). pr patr-a (t rg). pr ptr-u (et rej). adv.
(and king). An expression of willingness to serve or sacrifice for the good of
ones country.
Pro per. pr pr. pr pr. (1) An abbreviation of Pro persona. (2) An abbreviation
of Propria persona.
Pro persona. pr prsna. pr prsnu. adj. or adv. For the person. An
alternative term for Pro se. Sometimes abbreviated Pro per.
Pro posse suo. pr pss s. pr pas s. adv. To ones ability. To the
extent of ones power or ability.
At the rate. At the given rate
Pro rata. pr rata. pr rtu or -rtu. adj. or adv.
or in the given proportion. E.g., [I]n any case, and alternatively, Impregilo
could certainly not claim more damages than its pro rata shares with joint

Pro rata temporis
ventures. Impregilo S.p.A. v. Pakistan, ICSID Case No. ARB/03/3, Award

of Apr. 22, 2005, 98.
At the rate for the

Pro rata temporis. pr rata tmprs. pr rtu tempris. adj.
time. At a rate (of interest, growth, etc.) proportional to the time allotted.
P Pro re nata. pr r nata. pr r ntu. adv. For the born matter. Because of an
emergency or immediate need.
Pro se. pr s. pr s. adj. or adv. For oneself. On behalf of ones self. A

criminal defendant or civil litigant who appears pro se is representing himself
rather than relying on representation by counsel. In criminal cases, courts are
generally not bound to honor a defendants wish to represent himself if the
absence of professional counsel would prejudice his chances of a full and fair
hearing. E.g., In the words of the [U.S.] Supreme Court, Courts, of course,
may still exercise their discretion to allow a lay person to proceed pro se.
Courts continue to be entitled to exercise that discretion by virtue of their
inherent and overriding responsibility to be fair. Prosecutor v. Krajisnik,
I.C.T.Y. Case No. IT-00-39-A, Decision of Apr. 18, 2008, 14 (separate
opinion of Judge Shahabuddeen). An alternative term is Pro persona.
Pro solido. pr sld. pr salid. adv. For the whole. For the whole; for the
entirety.
Pro tanto. pr tant. pr tnt. adv. For so much. To a certain or limited

extent; insofar. E.g., Mr. Giuseppe Bisconti also addressed the Court on
behalf of the United States; since he had occasion to refer to matters of fact
within his knowledge as a lawyer acting for Raytheon Company, the Presi-
dent of the Chamber acceded to a request by the Agent of Italy that Mr.
Bisconti be treated pro tanto as a witness. Case Concerning Elettronica Sicula
S.p.A. (ELSI) (U.S. v. Italy), 1989 I.C.J. Rep. 15, 18, 8. An alternative term
is In tantum.
Pro tem. pr tem. An abbreviation of Pro tempore.
Pro tempore. pr tmpr. pr tempr or -tempr. adj. or adv. For the time.
(1) For the moment or a limited time; during an interim; temporarily.
Someone holding an official position pro tempore is not intended to occupy
the position permanently or indefinitely, but merely until a more suitable
long-term replacement can be found. (2) Tentatively. E.g., According to
Judge Higginss opinion, the only way in which it can be determined
whether a claimants claims are sufficiently plausibly based upon the facts
is to accept pro tempore the facts as alleged by the claimant to be true and to
see whether on the basis of these claims of fact there could occur a violation

Prorogatio fori
of one or more of the relevant legal provisions. Industria Nacional de

Alimentos SA v. Peru, ICSID Case No. ARB/03/4, Decision of Sept. 5,
2007, 118. Sometimes abbreviated Pro tem.
Pro veritate accipitur. pr wrtat akkptr. pr veritt usipitr. adj. It is
accepted as truth. Considered to be an established fact or truth. E.g., The
P
primary effect of res judicata in the procedural sense is claim preclusion,
whereas the effect of res judicata in the substantive sense is mainly related to
the legal validity of the Courts decision as an individualization of objective
law in the concrete matterpro veritate accipiturand, also, to the exclusion
of the application of the principle of stare decisis. Application of the Conven-
tion on the Prevention and Punishment of the Crime of Genocide (Bosn. &
Herz. v. Yugo.), I.C.J. No. 91, Judgment of Feb. 26, 2007, at 1, 3 (separate
opinion of Judge ad hoc Krea).
Probandum. prbandm. prbndum. n. [pl. Probanda. prbanda. prbndu.]
Thing needing to be proved. A fact that must be proved by the party
alleging the fact.
n. A throwing forward. Alluvion; earth, silt,
Proiectio. prykt. prjekt.
or other material deposited on a shore by the sea over time, causing gradual
accretion to the landmass on which the material is deposited.
In ones own
Propria persona. prpr-a prsna. prapr-u prsnu. adj. or adv.
person. An alternative term for Pro se. Sometimes abbreviated Pro per.
Proprio (suo) motu. prpr (s) mt. prapr (s) mt.adv. From its
own motion. An abbreviated form of Ex proprio (suo) motu. E.g., The
Tribunal regrets that Jamaica has failed to appear and to bring forward any
objections to the jurisdiction of the Centre and the competence of the
Tribunal which it might entertain. The Tribunal nevertheless, decided to
examine its own jurisdiction proprio motu and in doing so to consider any
objections which might be raised against its jurisdiction. Kaiser Bauxite Co.
v. Jamaica, ICSID Case No. ARB/74/3, Decision of July 6, 1975, 10
( Jurisdiction). An alternative formulation is Motu proprio.
adv. By its own
Proprio vigore. prpr wgr. prapr vigr or -vigr
strength. Automatically and independently; by its own force.
Propter hoc. prptr hk. praptr hak. adj. Because of this. Because of the
previously stated reason. See also Post hoc ergo propter hoc.
n. Prerogation of the forum.
Prorogatio fori. prrgat fr. prrg fr.
(1) The presumption that an assumption of jurisdiction over a given dispute
falls within the discretion of the tribunal petitioned to hear it, especially

Prorogatio de loco in locum
when the tribunal has been chosen by parties to a contract containing a

forum selection clause designating that tribunal. (2) A designation in an
agreement of a specific tribunal to hear a dispute arising under or relating to
that agreement.
P Prorogatio de loco in locum. prrgat d lk n lkm. prrg d lk in

lkum. n. Prorogation from one place to another. The dismissal of a case
upon agreement of the parties to pursue it in another jurisdiction (which,
absent such agreement, might not otherwise be competent to hear the case).
See also Prorogatio de tempore in tempus.
Prorogatio de tempore in tempus. prrgat d tmpr n tmps. prrg
d tempr in tempus. n. Prorogation from one time to another. A delay in
litigation upon agreement of the parties to a time, such as when parties agree
to toll a statute of limitations pending negotiation of a settlement of the
dispute. See also Prorogatio de loco in locum.
Protectio trahit subiectionem et subiectio protectionem. prtkt traht
sbyktnm t sbykt prtktnm. prtekt trhit subjeknem et subjek
t prteknem. Protection brings subjugation, and subjugation brings
protection. A maxim meaning that a sovereign state has the duty to protect
its citizens, while the citizens owe a concomitant duty of loyalty to the
protecting sovereign of allegiance.
Provisione legis. prwsn lgs. prvin lejis. adv. By provision of law.
As provided for by law.
adj. By public right. Relating to or
Publici iuris. pblk yrs. publik jris.
deriving from what is publicly owned or owned in common. See also Iura
communis.

Q
................................
Q.E.D. An abbreviation of Quod erat demonstrandum.
q.v. An abbreviation of Quod vide.
Qua. kwa. kw. prep. As. As; due to the role or capacity of. E.g., [Israeli
Defense Force] soldiers are categorically forbidden to use civilians, qua
civilians, as a live shield or as hostages. Adalah v. GOC Central Command,
IDF, Sup. Ct. Isr., Oct. 6, 2005, 45 I.L.M. 491, 496, 16 (2006).
Quacunque via data. kwaknkw wa data. kwakunkw vu dtu.adv. What-

ever way given. However it is understood; in whatever way it is taken.
Quae ab hostibus capiuntur, statim capientium fiunt. kw ab hstbs kap-n

tr, statm kap-nt-m fnt. kw b hastibus kp-untr, sttim kp-ent-um
funt. What is taken from the enemy immediately becomes property of the
captor. An alternative phrase for Item quae ex hostibus capiuntur, iure
gentium statim capientium fiunt. This maxim was formerly used by both
civil law and common law courts to justify the expropriation of the property
of domestic enemies of the state (especially criminals such as highwaymen
and rebels).
Quae ab initio erant voluntatis ex post facto sunt necessitatis. kw ab nt

rant wlntats ks pst fakt snt nksstats. kw b ini erunt valunttis
eks pst fkt sunt nesesittis. Whoever was willing at the beginning is
constrained after the event. A maxim meaning that persons will be held
to their legally binding commitments even though they may later discover
disadvantages to performance and seek to renege. E.g., The specific perfor-
mance of preliminary contracts does not affect the sovereignty even of the
State which rightfully alienated it to the extent necessary to permit a
replacement of its own choicequae ab initio erant voluntatis ex post facto
sunt necessitatis. Advisory Opinion on Interpretation of Peace Treaties with
235
Quaelibet iurisdictio cancellos suos habet
Bulgaria, Hungary, and Romania, 1950 I.C.J. 221, 249 ( Judge Azevedo,
dissenting). But see Clausula rebus sic stantibus.
Quaelibet iurisdictio cancellos suos habet. kwlbt yrsdkt kanklls ss

habt. kwlibet jrisdik knselus ss hbet. Any jurisdiction has its own
Q boundaries. A maxim meaning that every sovereign state self-imposes at

least some limitations on its own prescriptive, enforcement, and judicial
jurisdiction, at a minimum to the extent mandated by international law.
Quaeritur. kwrtr. kwritr.v. (commonly used as a n.) It is asked. That

which is in question; the subject under consideration. In Roman law, the term
quaeritur was used to introduce a difficult legal problem for consideration.
Quaestio vexata. kwst wksata. kwest veksatu. n. Troublesome question.

An alternative formulation of Vexata quaestio.
Quam primum. kwam prmm. kwam prmum. adv. An alternative formulation

of Quamprimum.
Quamprimum. kwamprmm. kwamprmum. adv. As soon as possible. At the

first possible opportunity; as soon as possible. An alternative formulation is
Quam primum.
Quandocunque. kwandknkw. kwandkunkw. adv. Whenever. Whenever;

at any time.
Quantum. kwantm. kwantum. n. So much as. (1) Quantity. (2) Amount, as

in the quantum of compensation owed by the respondent to the claimant.
Quantum damnificatus. kwantm damnfkats. kwantum dmnifiktus. n. As

much as the injury. The amount of damages suffered by a claimant.
Quantum meruit. kwantm mrt. kwantum mrit. n. As much as he has

earned. The amount of compensation or damages calculated according to
the market value of a benefit conferred under a contract implied in law,
especially for unpaid services rendered without an express agreement. At
common law, quantum meruit was the remedy sought in an assumpsit action
based on services performed. In modern times, when a tribunal awards
damages in quantum meruit, it is usually applying an equitable remedy as
opposed to a remedy at law. E.g., It is not entirely clear whether this
constituted an award of salvage. If it did not but was simply some form of
quantum meruit, then of course it affords no assistance on the topic one way or
the other. But given the reference to the value of the vessel, it may well be that
this was an award of salvage remuneration. The Owners of the Vessel Vouta-
kos, Her Bunkers, Stores, and Cargo v. Tsavliris Salvage (International), Ltd.,

Quasi in rem
[2008] EWHC 1582, 36 (Comm.) QBD (Adm.) (U.K.). Compare with

Quantum valebat. See also In quantum meruit and Quasi ex contractu.
Quantum valebat. kwantm walbat. kwantum vlebt. n. [pl. Quantum vale-

As much as it was worth. The
bant. kwantm walbant. kwantum vlebunt.]
amount of compensation or damages calculated according to the market
Q
value of merchandise delivered in the absence of an express contract. At
common law, quantum valebat was the remedy sought in an assumpsit action
based on unjust enrichment. In modern times, when a tribunal awards
damages in quantum valebat, it is usually applying an equitable remedy as
opposed to a remedy at law. Compare with Quantum meruit. See also In
quantum valeabat and Quasi ex contractu.
Quare. kwar. kwer. adv. On account of what [thing]. Why; for what
reason.
Quare impedit. kwar mpdt. kwer impdit. n. Why he hinders. (1) In
Canon law, a writ directing the sheriff to require a person to show cause why
he has obstructed a patrons right to appoint his choice of clerk to occupy a
vacant benefice. (2) Generically, a writ directing someone impeding an-
others assumption or possession of a right or title to show valid legal cause
to justify the hindrance. The quare impedit was formerly an English writ but
is now obsolete.
Quasi. kwas. kwaz or kwz.adj. or adv. As if. Almost; similar either by
direct comparison or by analogy. E.g., The Security Council and the
General Assembly, in so far as they, too, are competent to settle disputes,
are only quasi-judicial organs of the United Nations. Hans Kelsen, the
law of the united nations 46667 (1950).
Quasi ex contractu. kwas ks kntrakt. kwaz- or kwz eks kantrkt.As if
from a contract. An equitable theory that finds an obligation to compensate
or restore a benefit conferred on another unfairly in the absence of an express
agreement to do so, usually to avoid the receiving party becoming unjustly
enriched by the benefit conferred by the giving party. See also Quantum
meruit and Quantum valebat.
Quasi in rem. kwas n rm. kwaz- or kwz in rem. adj. As if in the thing.
Quasi in rem jurisdiction is obtained over a person by virtue of the presence of
the persons property in the jurisdiction. It may also be exercised based on an
event conferring legal status, such as a marriage in the jurisdiction. E.g., In
divorce causes, the actual subject-matter of the litigation is the marriage
status itself. Hence they partake of the nature of proceedings in rem rather
than of proceedings in personam, the res being the status. At the same time

Quater
these causes cannot be said to be altogether proceedings in rem. There is a

personal element that enters into them, not found in suits instituted merely
to subject or affect property. Hence they are often very properly denomi-
nated proceedings quasi in rem. Raleigh C. Minor, Conflict of Laws; or,
Private International Law 19192, 87 (1901). Contrast with In rem and
Q In personam.
Quater. kwatr. kwatr. adv. Fourthly. An adverbial number (the fourth)

usually inserted into a consecutively numbered series by way of amendment.
An alternative spelling is Quatt(u)or. See the Appendix for a list of Latin
adverbial numbers commonly used in international law. See also Bis and
Semel.
Quaterdecie(n)s. kwatrdk-(n)s. kwatrdes(n)z. adv. Fourteenthly. An ad-

verbial number (the fourteenth) usually inserted into a consecutively numbered
series by way of amendment. An alternative spelling is Quatt(u)ordecies. See
the Appendix for a list of Latin adverbial numbers commonly used in interna-
tional law. See also Bis and Semel.
Quatt(u)or. kwatt()r. kwatr. An alternative spelling of Quater.
Quatt(u)ordecie(n)s. kwatt()rdk-(n)s. kwatrdes(n)z. An alternative

spelling of Quaterdecie(n)s.
Qui desiderat pacem, praeparet bellum. kw dsdrat pakm, prpart bllm.

kw- or kw dezidrt pkum, preparet belum. May he who desires peace
prepare for war. A maxim justifying arms escalation as a means of deter-
rence in opposition to theories equating disarmament with greater prospects
for peace. An alternative phrase is Si vis pacem, para bellum.
Qui facit per alium, facit per se. kw fakt pr al-m, fakt pr s. kw- or kw f
sit pr l-um, fsit pr s. Whoever acts through another, acts himself. A
maxim meaning that a principal may be held liable for the wrongdoing of an
agent acting on his or her behalf. Alternative phrases are Qui mandat ipse
fecisse videtur and Qui per alium facit per se ipsum facere videtur. See also
Iniuria servi dominum pertingit and Respondeat superior.
Qui in culpa non est, natura ad nihil tenetur. kw n klpa nn st, natra ad n
hl tntr. kw- or kw in klpu nan est, nru d nhil tenutr. Whoever is
lacking in fault, nature holds nothing against him. A maxim of Roman civil
law, adapted by Grotius to international law in De Iure Belli ac Pacis,
meaning that under principles of natural law, there can be no liability
without some wrongful act.

Qui tacet consentire videtur (ubi tractatur de eius commodo)
Qui in territorio meo est, etiam meus subditus est. kw n trrtr m st,
t-am ms sbdts st. kw- or kw in teritr m est, et-um mus subditus
est. Whoever is in my territory is indeed my subject. A principle of private
international law whereby a sovereign state exercises jurisdiction over all
persons within its territory, regardless of any individuals nationality. Com-
pare with Quidquid est in territorio, est etiam de territorio. Q
Qui mandat ipse fecisse videtur. kw mandat ps fkss wdtr. kw- or kw
mndt ips fesis videtr. Whoever commands is considered to have acted.
An alternative phrase for Qui facit per alium, facit per se.
Qui non prohibet quod prohibere potest, assentire videtur. kw nn prhbt

kwd prhbr ptst, assntr wdtr. kw- or kw nan prhibut kwad prhi
br ptest, asentir videtr. Whoever does not prohibit that which he can
prohibit is considered as assenting. A common law maxim meaning that
one who has the lawful authority to prevent an act or wrongdoing by another
(such as his subordinate or agent) will be legally bound by the act or liable for
the wrongdoing if he fails to prevent it. An alternative phrase is Qui potest et
debet vetare et non vetat iubet. See also Respondeat superior.
Qui per alium facit per se ipsum facere videtur. kw pr al-m fakt pr t nn
wtat s psm fakr wdtr. kw- or kw pr l-um fsit pr s ipsum fsr vi
detr. Whoever acts through another is considered to act himself. An
alternative phrase for Qui facit per alium, facit per se.
Qui potest et debet vetare et non vetat iubet. kw ptst t dbt wtar t nn
wtat ybt. kw- or kw ptest et debet vetar et nan vett jbet. Whoever is
able and should forbid and does not forbid commands. An alternative
phrase for Qui non prohibet quod prohibere potest, assentire videtur.
Qui prior est tempore potior est iure. kw prr st tmpr ptr st yr. kw-
or kw prr est tempr pt-r est jr. Whoever is earlier in time is stronger
in right. An alternative phrase for Prior in tempore, potior in iure.
Qui tacet consentire videtur (ubi tractatur de eius commodo). kw takt

knsntr wdtr (b traktatr d ys kmmd). kw- or kw tset kan-
sentir videtr (bi trkttr d jus kmud). Whoever says nothing appears
to agree (when that which is being discussed concerns his interest). A
generally obsolete maxim meaning that one who fails to deny or object to a
claim, accusation, or statement of fact relevant to his interests must implicitly
have done so because of its truth or validity, and it is therefore proper to
construe the failure to deny or object as an admission. Sometimes abbre-
viated Consentire videtur qui tacet.

Qui tam
Qui tam. kw tam. kw- or kw tm. pro. adv. (commonly used as an adj.) Who
so much as. An abbreviation of the phrase: Qui tam pro domino rege quam
pro se ipso in hac parte sequitur, meaning: Who so much as sues on behalf of
the king sues as well on behalf of himself in this matter. A legal claim
brought by a person who seeks to recover for himself as well as the state. The
Q claimant and state may share in the damages or penalties recovered in the qui
tam action.
Qui tardius solvit minus solvit. kw tard-s slwt mns slwt. kw- or kw
tard-us salvit mnus salvit. Whoever pays rather tardily, pays less. An
alternative formulation of Minus solvit qui tardius solvit.
Qui utuntur communi iure gentium. kw tntr kmmn yr gnt-m. kw-

or kw tuntr kamyn jr jent-um. n. pl. Those who use the common law
of peoples. Those who comply with international law. This term is often
used in the specific sense of those who comply with lex mercatoria. E.g.,
Intimation [i.e., notice of a legal obligation and warning of failure to comply
with it] being by our proper custom so necessary a solemnity, it holds not in
the orders which stand for assignations among merchants, strangers espe-
cially, qui utuntur communi jure gentium. Cuthbertson v. Wallace, Scot. Ct.
Sess., July 8, 1658, quoted in William Galbraith Miller, The Law of Nature
and Nations in Scotland 108 (1896).
Quia timet. kwa tmt. kwu timet. adj. Because he fears. Brought by one
threatened with injury. A quia timet action may be commenced by a person
threatened with an illegal act to have the act enjoined or declared invalid by a
tribunal before the anticipated injury occurs.
Quid. kwd. kwid. n. What. (1) Something; a matter. (2) Anything.
Quid pro quo. kwd pr kw. kwid pr kw. n. What for what. An exchange of
one thing or favor for another; the thing or favor so exchanged. The term is
sometimes used to imply a surreptitious or questionable exchange of favors,
but may also be used to describe the mutual consideration promised or
exchanged in the formation of a binding contract. E.g., In order to sustain
the necessary compromissory equilibrium, or what Elias called fair balance,
in this case, each of the Parties must be seen to carry out all its part of the
obligations. Libya cannot pick and choose which obligations it would per-
form, neither can France. The fundamental considerations in this Treaty of
1955, the quid pro quo, are the issue of Frances evacuation from Fezzan and
the issue of Libya acceptingthe Libyan southern boundary with Chad.
Territorial Dispute (Libya v. Chad), 1994 I.C.J. Rep. 6, 73, 84 (separate
opinion of Judge Ajibola).

Quieta non movere
Quidquid ab initio vitiosus est, non potest tractu temporis convalescere.

kwdkwd ab nt wtss st, nn ptst trakt tmprs knwalskr.
kwidkwid b ini vizus est, nan ptest trkt tempris kanvulesr. Whatever
is depraved from the outset cannot become valid by the carriage of time. A
maxim meaning that the passage of time does not vitiate a violation of law.
One who has committed especially deplorable crimes cannot achieve exon- Q
eration from the mere failure of authorities to apprehend or punish the
person for a long period following crime. It follows that one who commits
crimes against humanity, for example, would not benefit from a statute of
limitations. E.g., Norms of jus cogens do not tolerate derogation, so any
concurrent regime or situation, whether it be established by way of a bilateral
or unilateral act, cannot acquire legal force due to the peremptoriness of jus
cogensmore specifically, this act or acts remains in the sphere of simple
facts. One could say that this is a classic example of application of the general
principle of law expressed in the maxim quidquid ab initio vitiosus est, non
potest tractu temporis convalescere. Application of the Convention on Prevention
and Punishment of Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595,
75455, 90 (Judge ad hoc Krea, dissenting).
Quidquid est in territorio, est etiam de territorio. kwdkwd st n trrt

r, st t-m d trrtr. kwidkwid est in teritr, est et-um d teritr.
Whatever is in the territory is indeed of the territory. A principle of
jurisdiction whereby a sovereign exercises jurisdiction over all real and
personal property within its territory, regardless of the nationality of the
property owner. Compare with Qui in territorio meo est, etiam meus sub-
ditus est.
Quidquid iudicii placuit, habet legis vigorem. kwdkwd ydk- plakt, ha

bt lgs wgrm. kwidkwid jdi plkwit, hbet lejis vigrum. Whatever
pleases the judiciary, has the force of law. A maxim meaning that the
judiciary has broad discretion to interpret and fill in gaps in the law, and
that its judgment in such matters is authoritative. E.g., The [Court major-
itys] reasoning suggests that quidquid judicii placuit, habet legis vigorem. It
reflects the anachronistic and totally unacceptable idea that the Court is not
the guardian but the creator of legality and, in fact, that the Court makes
decisions independently from objective law established by its Statute. Ap-
plication of the Convention on the Prevention and Punishment of the Crime of
Quieta non movere. kw-ta nn mwr. kw-etu nan mvr. Do not move
settled things. (1) A maxim counseling conservatism when a factual or legal

Quindecie(n)s
homeostasis has emerged. E.g., Perhaps this decision of the Court, with its
judicial flavour of quieta non movere, was aimed at ensuring finality and
certainty on any dispute presented to it, and thereby preventing protracted
and endless litigation which at times provoke hostilities and armed conflict.
Territorial Dispute (Libya v. Chad), 1994 I.C.J. Rep. 6, 57 ( Jurisdiction)
Q (separate opinion of Judge Ajibola). (2) The principle that settled law should
not be lightly disturbed. Compare with Stare decisis.
Quindecie(n)s. kwndk-(n)s. kwindes(n)z. adv. Fifteenthly. An adverbial

number (the fifteenth) usually inserted into a consecutively numbered series
by way of amendment. See the Appendix for a list of Latin adverbial numbers
commonly used in international law. See also Bis and Semel.
Quinquie(n)s. kwnkw-(n)s. kwinkw(n)z. adv. Fifthly. An adverbial num-

ber (the fifth) usually inserted into a consecutively numbered series by way of
Quo animo? kw anm. kw nim? With what intention? An interrogative

inquiring into the motive or intentions of an actor.
Quo iure? kw yr. kw jr? By what right? An interrogative demanding

the source of authority to support a claimed legal right. In medieval English
practice, a quo jure writ ordered the possessor of land to show evidence of his
title to the land.
Quo vadis? kw wads. kw vadis? Where are you going? An interrogative

asking what will be the likely outcome or future of an identified subject. The
term is especially popular in article and book titles because of its brevity. E.g.,
M. Cherif Bassiouni, The ICCQuo Vadis?, 4 J. Intl Crimin. Just. 421
(2006).
Quoad. kwad. kwd. prep. So long as. With regard to; in relation to. E.g.,
[T]he Brussels Court of Appealdid not reverse the Commercial Courts
finding on 15 November 1982 that AMP was an independent middleman,
and not a mere sales agent deprived of any autonomy quoad the publishers.
S.A. Binon & Cie v. S.A. Agence et Messageries de la Presse, E.C.J. Case No.
243/83, [1985] 3 C.M.L.R. 800, 806.
Quoad defunctum. kwad dfnktm. kwd dfunktum. adj. or adv. So long

as deceased. As a matter of, or with respect to, the demise or death of a
person, thing, or concept. E.g., It seems, however, that the importance of
the dictum that whereas in private law succession takes place quoad defunc-
tum, in international law it does this quoad iura only, has been grossly

Quod non
exaggerated. Hersch Lauterpacht, Private Law Sources and Analo-

gies of Public International Law 131 (1927).
Quoad hoc. kwad hk. kwd hak. adj. or adv. So long as this. As to this;
with regard to this; in this respect; as such. E.g., That the principle la robe
ennemie confisque le vaisseau ami was at this time accepted seems clear from
Q
case No. 27. The Treaty of Breda had, in the interest of the Dutch carrying-
trade, reversed it, and in the present case it was questioned whether the
Hamburgers had adhered to it, and whether it was still valid, quoad hoc.
Thomas Baty, Scottish Prize Decisions of the Seventeenth and Eighteenth
Centuries, 27 Yale L.J. 453, 464 (1918).
Quoad iura. kwad yra. kwd jru. adj. or adv. So long as the right. As a
matter of, or with respect to, the assumption of a right. E.g., It seems,
however, that the importance of the dictum that whereas in private law succes-
sion takes place quoad defunctum, in international law it does this quoad iura
only, has been grossly exaggerated. Hersch Lauterpacht, Private Law
Sources and Analogies of Public International Law 131 (1927).
Quoad imperium. kwad mpr-m. kwd impr-um. adj. So long as au-
thority. With regard to, or during the term of, ones authority or sovereign-
ty. E.g., [I]n relation to co-ordinated units, of which each in turn exercises
an equal right over its territory, the right quoad imperium exhibits, pro foro
externo, those formal characteristics which we attribute to dominium in
private law. Hersch Lauterpacht, Private Law Sources And Analogies
of Public International Law 95 (1927).
Quoad potest. kwad ptst. kwd ptest. adv. As far as one can. To the
extent of ones ability; to the degree it is within ones power.
Quod enim nullius est id ratione naturali occupanti conceditur. kwd nm
nlls st d ratn natral kkpant knkdtr. kwad enim nl-us est id
rn nrl akypant kansditr. For whatever belongs to no one, by
natural reason becomes property of the first taker. A maxim, originating
in Justinians Digest (41.1.3), meaning that the first occupant of land having
no owner or sovereign rightfully belongs to the first occupant. See also Res
nullius and Terra nullius.
Quod non. kwd nn. kwad nan. Which not. Which it does not; a denial of the
truth or persuasiveness of an assertion. E.g., [E]ven if the trick to change a
contract for regular coastal service into a concession for exclusive navigation
succeeded (quod non), in the face of absolute equity the trick of making the
same contract a chain for one party and a screw-press for the other never
can have success. The Orinoco Steamship Company Case (U.S. v. Venez.),

Quod vide
U.S.-Venez. Cl. Commn, Award of Feb. 22, 1904, H.C.R. (Series 1), at 266
(Scott, 1916).
Quod vide. kwd wd. kwad vid.Which see. A citation signal referring the
reader to a source of authority appearing elsewhere in the same work.
Q Abbreviated q.v.
Quod erat demonstrandum. kwd rat dmnstrandm. kwad ert demunstrn

dum. n. [That] which was to be demonstrated. As was proved or explained
previously. Commonly abbreviated Q.E.D.
Quod necessitas cogit, defendit. kwd nksstas kgt, dfndt. kwad nusesitas
kjit, dufendit. Whatever necessity compels, it justifies. An alternative
phrase for Necessitas non habet legem.
Quod (si) quis ex culpa sua sentit, non intelligitur damnum sentire. kwd (s)
kws ks klpa sa sntt, nn ntllgtr damnm sntr. kwad (s) kwis eks kl
pu su sentit, nan intelijitr dmnum sentir. He who suffers damage by his
own fault, has no right to complain. A maxim attributable to Pomponius
(Digest, De regula juris, 50,17,203) asserting that a claimant should be
deprived of his right to reparation if the claimant can be accused of having
contributed to his own injury. This maxim has been interpreted in several
ways. In one interpretation, it is a crude statement of contributory negligence
on the common law model. In another, it denies a remedy to a claimant who
suffers injury in the course of wrongdoing even though the wrongdoing was
not the immediate cause of the injury.
Quod vanum et inutile est, lex non requirit. kwd wanm t ntl st, lks nn
rkwrt. kwad vnum et inytil est, leks nan rekwrut. The law does not look
after what is vain and useless. An alternative phrase for Lex neminem cogit
ad vana seu impossibilia.
Quod vero naturalis ratio inter omnes homines constituit, id apud omnes
peraeque custoditur vocaturque ius gentium. kwd wr natrals rat
ntr mns hmns knsttt, d apd mns prkw kstdtr wkatr
kw ys gnt-m. kwad ver nrlis r intr amnz haminz kanstiwit, id
pud amnz prekw custditr vkutrkw jus jent-um. But the law that natural
reason has established among all persons, that law is observed uniformly
among all, and is called the law of peoples. A maxim, originating in
Justinians Digest (1:1.1.9), positing that natural reason is the basis for a
universal law applicable to all persons of whatever nationality. See also Ius
gentium.

Quovis modo
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba ex-
pressa fienda est. kwt-s n wrbs nlla st ambgtas, b nlla ksps
t kntra wrba ksprssa f-nda st. kwtz in vrbis nlu est mbigyitus, ib
nlu ekspzi kantru vrbu ekspresu f-endu est. So long as there is no
ambiguity in the words, there should be no interpretation contrary to the
words. A maxim, originating in Justinians Digest (32.25.1), meaning that the Q
plain language of a legal instrument (such as a contract or treaty) should
govern the interpretation unless the meaning of a provision is unclear. See the
Vienna Convention on the Law of Treaties arts. 3132, May 23, 1969, 1155
U.N.T.S. 331.
Quovis modo. kwws md. kwvis md. adv. In whatever manner. In any
manner whatsoever.

R
................................
R. (1) An abbreviation of Regina. (2) An abbreviation of Rex.
Ratio. rat. r. n.Reason. (1) Logic. (2) Reason. (3) Basis. (4) An abbre-
viation of Ratio decidendi.
Ratio decidendi. rat dkdnd. r desidend. n. Reason of the decision.

The legal basis or reasoning underlying a judicial or administrative decision,
award, or judgment.
Ratio impertinens. rat mprtnns. r imprtinenz. n. Out of place

reasoning. An argument not germane to the issue at hand.
Ratio legis. rat lgs. r lejis. n. Reason for the law. The policy reason or
underlying purpose for a specific norm, rule, treaty provision, act of legisla-
tion, or tribunal decision. E.g., Despite uncertainties that may exist
concerning the definition of universal jurisdiction, one thing is very clear:
the ratio legis of universal jurisdiction is based on the international reproba-
tion for certain very serious crimes such as war crimes and crimes against
humanity. Arrest Warrant of 11 April 2000 (Congo v. Belg.), 2002 I.C.J. Rep.
3, 166, 46 ( Judge Van den Wyngaert, dissenting).
n. Written reason. (1) The written

Ratio scripta. rat skrpta. r skriptu.
opinion of a tribunal explaining its decision in a case before it. (2) A written
or codified law.
Ratione cessante (cessat ipse lex). ratn kssant (kssat ps lks). rn

sesant (sest ips leks). When the reason ceases, the law itself ceases. An
alternative phrase for Cessante ratio, cessat etiam lex.
Ratione contractus. ratn kntrakts. rn kantrktus.adv. By reason of

the contract. Based on or because of the relevant binding agreement.
246
Ratione personae
Ratione delicti. ratn dlkt. rn dulikt. adv. By reason of the wrong-

doing. Because of the wrongful act.
Ratione domicilii. ratn dmkl-. rn damisil.adv. By reason of domi-

cile. Because of the persons place of domicile. A finding of judicial jurisdiction
may be made ratione domicilii under principles of private international law. R
By reason of the forum. Because
Ratione fori. ratn fr. rn fr. adv.
of the jurisdiction of the relevant forum. E.g., Ratione fori jurisdiction
relates to the nomination of the court or tribunal for settling a dispute
between States Parties.The dominant underlying principle of ratione fori
jurisdiction is the conventional rule of public international law whereby
applicant States are free to choose the court or tribunal before which they
wish a dispute to be heard. Jean-Ren Dupuy and Daniel Vignes, 2 Hand-
book on the New Law of the Sea 1366 (1991).
Ratione loci. ratn lk. rn ls. adv. By reason of the place. Because of
the relevant place or territory. E.g., [T]here can be no dispute as to the
Courts jurisdiction ratione loci on account of internationally wrongful acts
allegedly committed by one State on the territory of another, even in the case
of human rights violations. Armed Activities on the Territory of the Congo
(Congo v. Rwanda), 2002 I.C.J. Rep. 219, 284, 47 (separate opinion of
Judge Mavungu). An alternative term is Ratione territoriae.
Ratione materiae. ratn matr-. rn mutr-. adv. By reason of the

matter. Because of the nature of the relevant subject matter. The immunity
of a diplomat or head of state to most criminal and civil actions brought in
the courts of the receiving state based on the officials acts on behalf of the
sending state is immunity ratione materiae and outlives the officials tenure in
office. E.g., Where, as in this case, there is a general submission to the
Courts jurisdiction, followed by particular exceptions, the general part states
the principle underlying the declaration, namely, the principle of submission.
That general part sets the framework within which the Courts jurisdiction
is accepted. It constitutes, inter alia, a submission to the general corpus
of international law and, in particular, to its ruling principles. The reserva-
tions constitute exceptionsin this case ratione materiaeto that jurisdic-
tion. Fisheries Jurisdiction (Spain v. U.K.), 1998 I.C.J. Rep. 432, 502, 24
( Jurisdiction) ( Judge Weeramantry, dissenting). Compare with Ratione
personae.
adv. By reason of the

Ratione personae. ratn prsn. rn prsn.
person. Because of the nature or position of the relevant person. The
immunity of a diplomat or head of state to most criminal and civil actions

Ratione rei sitae
brought in foreign courts while the diplomat or head of state remains in

office is immunity ratione personae and expires upon the individual relin-
quishing his or her official position. E.g., India has repeatedly made clear
that it wishes to limit in this manner the scope ratione personae of its
acceptance of the Courts jurisdiction [to exclude disputes with any other
R state that is or has been a Member of the Commonwealth of Nations].
Aerial Incident of 10 August 1999 (Pak. v. India), 2000 I.C.J. Rep. 12, 31, 44
( Jurisdiction). Compare with Ratione materiae.
Ratione rei sitae. ratn r st. rn r sit. adv. By reason of the position
of the thing. By reason of the location (situs) of property in dispute. See also
Situs.
By reason of the land. Because of

Ratione soli. ratn sl. rn sl. adv.
the ownership or possession of the land or territory itself, ownership of the
fruits of land (e.g., wild fauna and flora, natural minerals) is also claimed.
Ratione temporis. ratn tmprs. rn tempris. adv. By reason of time.

Because of the relevant timing or period of time pertaining to the subject under
consideration. E.g., Germany contends that the key issue for the purpose of
applying Article 27(a) is not the date when this dispute arose, but whether the
dispute relates to facts or situations that arose before or after the critical date.
Only if these facts or situations took place after the critical date, that is after
1980, would the Court have jurisdiction ratione temporis under Article 27(a).
But since, in Germanys view, this dispute relates to facts and situations that
predate 1980, the Court lacks the requisite jurisdiction. Certain Property
(Liecht. v. Ger.), 2005 I.C.J. Rep. 6, 20, 30.
Ratione territoriae. ratn trrtr-. rn teritr-. adv. By reason of the

territory. An alternative term for Ratione loci.
Rationes obligandi. ratns blgand. rnz ablignd. n. pl. Bases of duty.

The grounds upon which an obligation rests.
Rebus sic stantibus. rbs sk stantbs. rbus sik stntibus. An abbreviation of

Clausula rebus sic stantibus.
Receptus. rkpts. rseptus. n. Received (person or thing). (1) An arbitrator

appointed by agreement of the disputing parties. (2) A term used by Grotius
to indicate a sovereigns denial of encouragement of or complicity in the
illegal acts of his or her officials or citizens, usually as evidenced through the
domestic trial or extradition for foreign trial of the accused person. See Hugo
Grotius, 2 De Jure Belli Ac Pacis ch. 21, paras. 34 (1625). Compare with
Patientia.

Res
Reddendo singula singulis. rddnd sngla sngls. rudend siylu siylis.

By assigning each one to each one. A principle of legal instrument con-
struction whereby each term or phrase is interpreted to refer to its
corresponding object in the text. E.g., It is one of the best-settled rules of
construction, that words in different parts of a statute must be referred to
their appropriate connection; giving to each in its place its proper force, R
reddendo singula singulis, and if possible rendering none of them useless or
superfluous. McIntyre v. Ingraham, 35 Miss. 25 (1858) (U.S.).
Reductio ad absurdum. rdkt ad absrdm. redukt d bsrdum. n. Reduc-

tion to the absurd. (1) An argument that, if followed to its logical conclusion,
would prove nonsensical. (2) A rhetorical argument disproving the opposing
argument by following its reasoning to a nonsensical conclusion.
Reformatio in peius. rfrmat n pys. rfrm in pejus. n. A change

toward the worse. A change for the worse.
Reges ac magistratus. rgs ak magstrats. rejz k mjistrtus. n. pl. Kings

and magistrates. Public or government officials.
Regina. rgna. rejnu. n.Queen. (1) A female monarch. (2) Metonymically,

the sovereign or state. Compare with Rex.
Regula. rgla. regylu. n. Rule. (1) A rule; a regulation. (2) A procedural law.
Rei turpis nullum mandatum est. r trps nllm mandatm st. r trpis n
lum mndtum est. There is no mandate in connection with an immoral
matter. A maxim meaning that a provision of an agreement requiring the
parties to act immorally or illegally can create no legal obligation; that
provision or the agreement as a whole is void.
Relegatio. rlgat. relug. n. Banishment. In Roman law, the banish-

ment of a citizen from Rome and his native province, either for a fixed period
or indefinitely, as punishment for the commission of a serious crime. Al-
though the citizen retained Roman citizenship and property rights, return
prior to the lifting of the relegatio would result in capital punishment.
n. Forgiveness of inju-
Remissio iniuriae. rmss nyr-. rumis injr-.
ry. The forgiveness of an injury or offense without seeking punishment or
compensation.
Res. rs. res. n. [pl. Res. rs. res.] Thing. (1) Thing. (2) Property. (3) Subject or
matter.

Res accendent lumina rebus
Res accendent lumina rebus. rs akkndnt lmna rbs. res asendent lminu r
bus. One thing throws light upon others. The resolution of one issue assists
the resolution of others.
Res adiudicata. rs adydkata. res djdikatu. n. Adjudicated thing. An

R alternative term for Res iudicata.
n. Another persons thing. Property

Res alicuius. rs alkys. res likyus.
owned by another person. An alternative term is Res aliena. Contrast with
Res sua.
Res aliena. rs al-na. res l-enu. n. Foreign thing. An alternative term for
Res alicuius.
Res alienari prohibita. rs al-nar prhbta. res l-enar prhibitu. n. A thing

that may not be alienated. Property, title to which may not lawfully or
ethically be transferred to another.
Res communes (omnium). A common misspelling of Res communis

(omnium).
Res communis (omnium). rs kmmns (mn-m). res kamynis (amn-um). n.

Thing of the (entire) community. (1) The common heritage of all human-
kind, not subject to the appropriation by or sovereignty of any state or group
of states, such as the high seas, Antarctica, or celestial bodies. E.g., Trinidad
and Tobagos position is that Barbados could not acquire fishing rights by
virtue of the long and continuous artisanal fishing practices of Barbardian
nationals in waters near Tobago because those waters formerly had the status
of high seas and were res communis. Barbados v. Republic of Trinidad &
Tobago, Permanent Ct. of Arb., Award of Apr. 11, 2006, 144, 45 I.L.M.
800, 823 (2006). (2) In civil law, a public good that cannot be subject to
private ownership, such as the air. Compare with Res universitatis. See also
Terra communis.
Res controversa. rs kntrwrsa. res kantruvrsu. n. [pl. Res controversae. rs

kntrwrs. res kantruvrs.] Thing in controversy. (1) The point at issue;
the property or matter that is the subject of dispute. (2) A question for
determination.
The crowns thing. Property or rights

Res coronae. rs krn. res kurn. n.
belonging to the monarch or, by extension, the state. Historically in English
law, a royal manor or estate, or a royal prerogative, could be res coronae and
heritable to the royal line. Compare with Res publicae. Contrast with Res
privatae.

Res in transitu
Res corporale. rs krpral. res krprl. n. [pl. Res corporales. rs krprals.

res krprlz.] Corporeal thing. A tangible thing; tangible property. Con-
trast with Res incorporale.
Res derelicta. n. rs drlkta. res deruliktu. n. [pl. Res derelictae. rs drlkt.

res derulikt.] Abandoned thing. Property abandoned by its erstwhile owner
R
and currently belonging to no one, such as the wreck of a sunken vessel after
any interest in the wreck has been renounced by its owner.
Extinct thing. Something formerly

Res exincta. rs kstnkta. res ekstinktu. n.
existing that has been extinguished. This term usually refers to an extinct
legal right or the basis for such a right.
Res extra commercium. rs kstra cmmrk-m. res ekstru kumrum. n.

Thing outside of commercial intercourse. Things not subject to ownership,
commerce, or trade, such as the high seas or air.
Res fungibiles. rs fngbls. res funjibilz. n. pl. Fungible things. Goods that
are interchangeable for all relevant purposes. In a commercial context,
restitution of damaged property could satisfy the tortfeasors liability if the
property was res fungibiles, such as common livestock, grain, or lumber.
Furtive thing. Property taken by theft.

Res furtivae. rs frtw. res frtiv. n.
In Roman law, an escaped or stolen slave could be considered res furtivae.
Res gestae. rs gst. res jest. n. pl. Things done. (1) Matters or events
occurring contemporaneously. (2) Matters or events directly at issue. At
common law, res gestae encompassed subsidiary or connected facts so tied
to a principal fact as to constitute a single matter, event, or transaction that
should be considered as a whole. Evidence that might not otherwise be
admitted under the rules of evidence was, accordingly sometimes admitted as
res gestae. For example, a hearsay statement might be admitted as res gestae
under an accepted exception (such as an excited utterance or present sense
impression), and statements directly connected with this admissible hearsay
might be admitted as well.
n. pl. Manageable things. Things to

Res habiles. rs habls. res hbilz.
which lawful title may be acquired by ordinary prescription.
n. pl. Immovable things. Build-

Res immobiles. rs mmbls. res imbilz.
ings or other immovable property attached to land. Contrast with Res mo-
biles.
n. Thing in transit. Property

Res in transitu. rs n transt. res in trnzit.
currently being transported from one place to another.

Res incorporale
Res incorporale. rs nkrpral. res inkrprl. n. [pl. Res incorporales. rs

nkrprals. res inkrprlz.] Incorporeal thing. Intangible property; things
imperceptible by the tactile and visual senses. Contrast with Res corporale.
n. Whole matter. (1) A point of law on

Res integra. rs ntgra. res integru.
R which neither a decision nor obiter dicta has been pronounced. (2) A matter
of first impression. (3) An undecided point of law. Compare with Res nova.
Res inter alios (acta) (alteri nocere non debet). rs ntr als (akta) (altr n
kr nn dbt). res intr ls (ktu) (altr nsr nan debet). A matter
(acting) between others (should not harm third parties). (1) Res inter alios
(acta). n. A matter or rule not legally relevant to a specific person or entity; a
matter creating no third-party rights or duties. E.g., Boundary and territo-
rial treaties made between two parties are res inter alios acta vis--vis third
parties. Eritrea v. Yemen, Permanent Ct. of Arb., Award of Oct. 9, 1998,
153, 40 I.L.M. 900 (2001). (2) Res inter alios (acta) alteri nocere non debet.
A maxim meaning that treaties, agreements, or other legal instruments
cannot derogate from the rights of, or create obligations for, nonparties to
the instrument. See the Vienna Convention on the Law of Treaties arts.
3436, May 23, 1969, 1155 U.N.T.S. 331. Compare with Pacta non obligant
nisi gentes inter quas inita and Pacta tertiis (nec nocent nec prosunt).
The thing speaks for

Res ipsa loquitur. rs psa lkwtr. res ipsu lkwitr.
itself. (1) A maxim meaning that the answer to a question or cause of an
effect is self-evident; no explanation other than the obvious one is possible.
(2) A doctrine according to which a factual scenario that admits of only one
logical explanation (usually, the negligence or wrongdoing of the defendant)
is considered sufficient to establish that explanations validity.
n. Adjudicated thing. A matter upon

Res iudicata. rs ydkata. res jdiktu.
which a final and binding judgment has already been passed, thereby
precluding any later, conflicting judgment on the same matter. In some
legal systems, an estoppel by res iudicata arises only when the prior judgment
applied to the same parties that are now involved in the dispute. E.g.,
Germany contended that the Tribunal had no jurisdiction on the ground
that, in view of the confirmation by the German Prize Court of the seizure
and of the destruction of the vessel, the matter was res judicata. The Cysne
(Port. v. Ger.), 2 R.I.A.A. 1053 (1930). An alternative term is Res adiudicata.
See also Res iudicata pro veritate habetur.
Res iudicata pro veritate habetur. rs ydkata pr wrtat habtr. res jdiktu
pr veritt hbutr. An adjudicated thing is regarded as the truth. A maxim
meaning that a matter upon which a binding judgment has already been

Res nullius naturaliter fit primi occupantis
passed will be upheld and not questioned later by the same or a different
tribunal, with certain exceptions in case of corruption, manifest disregard of
the law, excs de pouvoir, etc. See also Res iudicata.
n. pl. Movable things. Personal prop-

Res mobiles. rs mbls. res mbilz.
erty; goods capable of being moved from place to place. Contrast with Res R
immobiles.
Res nova. rs nwa. res nvu. n. New matter. (1) A new case or question. (2) A
matter not yet the subject of precedential authoritative opinion. Compare
with Res integra.
n. Newly
Res noviter (veniens). rs nwtr (wn-ns). res nvitr (vn-enz).
(arriving) thing. An unforeseen but fundamental change in circumstances,
which in some cases may be argued to excuse contractual, treaty, or other
legally binding obligations that were undertaken before the change arose if
the change substantially deprives one or more parties of the value of the
agreement. E.g., But, though the changes thus effected in diplomatic
intercourse must more and more deprive States of the apology which they
once possessed for not notifying their treaties, examples of ratification being
withheld on the ground of res noviter veniens, are not awanting in recent
times. 1 James Lorimer, The Institutes of the Law of Nations 26566
(1883). This phrase is sometimes seen in the misspelled form res novitur
veniens. Compare with Clausula rebus sic stantibus.
n. Nobodys thing. (1) A thing without

Res nullius. rs nlls. res nl-us.
substance or otherwise lacking a relevant and important quality. (2) Property
currently unowned by any person or by any sovereign power. (3) Property
incapable of ownership by any person. Contrast with Res privatae.
(4) A thing or person lacking rights or obligations. Compare with Bona
vacantia, Res derelictae, and Terra nullius. See also Res nullius naturaliter
fit primi occupantis.
Res nullius naturaliter fit primi occupantis. rs nlls natraltr ft prm

kkpants. res nl-us nrlitr fit prm akypntis. Nobodys thing natu-
rally belongs to the first occupier. A maxim, originating in Justinians Digest
(41.1.3), meaning that the first person to lay proper claim to unowned or
unoccupied property becomes its legal owner. Proper claim generally in-
cludes at least occupation and making use of the property. This principle
follows from the position that all property is subject to private ownership. See
Justinians Institutes (2.1 12). See also Ius primi occupatis and Res nullius.

Res perit domino
The property is lost to

Res perit domino. rs prt dmn. res perit damin.
the owner. A judgment of nonliability for the loss of or damage to the
property of another.
Petitioned thing. The property or subject

Res petita. rs ptta. res puttu. n.
R matter that is the object of a complaint, claim, or petition.
n. Private thing. (1) Personal or real

Res privatae. rs prwat. res pruvt.
property owned by private persons. (2) Personal or real property capable of
ownership by private persons. Contrast with Res coronae, Res nullius, Res
publicae, and Res universitatis.
n. Public thing. Personal or real prop-

Res publicae. rs pblk. res publik.
erty owned by the government or the public as a whole, such as public parks,
major bodies of water, or highways. Compare with Res universitatis. Contrast
with Res privatae. See also Res coronae.
Res publicae res nullius (est). rs pblk rs nlls (st). res publik res nl-us
(est). n. A public thing (is) nobodys thing. A maxim meaning that property
belonging to the public does not in effect belong to any specific person, and
so no person may claim the right to exclude others from using the property or
otherwise to treat the property as his or her own.
Res quotidianae. rs kwtd-an. res kwtid-n. n. pl. Daily matters. In civil

law, familiar or common matters or points of law.
n. Ones own thing. Ones own property. Contrast

Res sua. rs sa. res su.
with Res alicuius and Res aliena.
Res transit cum suo onere. rs transt km s nr. res trnzit kum s anr.
A thing passes away with its burden. A maxim meaning that all debts,
servitudes, and other third-party rights attached to territory or property are
transferred with the sovereignty or title to the territory or property itself.
Thus, if a small state is absorbed into a new, larger state, the rights and
obligations of the predecessor state may devolve upon the successor state.
Compare with Nemo plus iuris transfere quam ipse habet.
Universal thing. A thing

Res universitatis. rs nwrstats. res ynivrsittis.
owned by the community for public purposes and that cannot be acquired by
any individual or subgroup. Compare with Res communis (omnium) and Res
publicae. See also Terra communis.
n. Mental reser-
Reservatio mentalis. rsrwat mntals. rezrv mentlis.
vation. An unexpressed reservation or belief. A mental reservation to a
legally binding agreement has no legal effect if not shared by all parties to

Responsa prudentium
the agreement or reasonably inferable. E.g., A mental reservation (reservatio

mentalis) regarding old claims to be worked out only in the futurewhich
neither party may mention just now because both are too exhausted to
continue the warwith the ill will to make use of the first favorable
opportunity for this end belongs to jesuitical casuistry and is beneath the
dignity of a ruler. Immanuel Kant, Toward Perpetual Peace: A Philosophical R
Project, in Immanuel Kant, Practical Philosophy 317, 31718 (Mary
J. Gregor trans., 1999) (1795).
Respectu totius generis humani. rspkt tt-s gnrs hman. respekt t

us jenris hymn. adj. or adv. Concerning all humankind. Pertaining or
relevant to the entire human race. E.g., [T]he exalted conception of the
father of international law and of other publicists of the classical period
which regarded nations as moral individuals respectu totius generis humani, is
still an ideal worthy of pursuance. Hersch Lauterpacht, Private Law
Sources and Analogies of Public International Law 305 (1927).
Respondeat superior. rspnd-at sprr. respand-t sprr. v. imp. Let

the master respond. A doctrine by which a supervisor, commander, em-
ployer, manager, or other superior in military or civilian hierarchical rank or
office answers and assumes responsibility for the wrongdoing of his or her
inferior. In the international law of war, criminal liability can arise under
respondeat superior only if the military commander had reason to know of the
crimes of his or her subordinates, was in a position to prevent or mitigate
them, and failed to do so. See Protocol (I) Additional to the Geneva
Conventions of 12 August 1949, and Relating to the Protection of Victims
of International Armed Conflicts art. 87, June 8, 1977, 1125 U.N.T.S. 3. The
doctrine does not operate as a defense to a charge of having committed a
grave breach of international humanitarian law. See also Idem est facere et
nolle prohibere cum possis, Iniuria servi dominum pertingit, and Qui facit
per alium, facit per se.
Responsa. rspnsa. ruspansu. n. pl. [s. Responsum. rspnsm. ruspansum.]

Answers. A body of written opinions by authoritative legal scholars in
response to specific questions addressed to them. Responsa make up a
substantial portion of the body of religious law, especially in Judaism and
Islam. See also Responsa prudentium.
Responsa prudentium. rspnsa prdnt-m. ruspansu prdenum. n. pl. The

opinions of the learned. The considered opinions of jurists, legal scholars,
and other technical experts. Responsa prudentium were one of the authorita-
tive sources of Roman law. See also Responsa.

Restitutio
Restitutio. rsttt. restit.n. Restitution. Restoration to the previous

condition, as by the restoration of a thing taken (or a comparable substitute)
to its previous owner. In modern times, when restoration is not possible,
monetary compensation has generally been considered an adequate substi-
tute. See also Restitutio in integrum and Restitutio in pristinum.
R
Restitutio ad integrum (statum). rsttt ad ntgrm (statm). restit d
integrum (sttum). n. Restoration to a former (state). An alternative term for
Restitutio in integrum.
Restitutio in integrum. rsttt n ntgrm. restit in integrum.n. Full

restitution. Restitution of a damaged or taken thing to its previous condi-
tion, as by the restoration of the thing (or a comparable substitute) to the
owner who has been deprived of it. In modern times, the term has some-
times been used to refer to the payment of full compensation for the loss
sustained in the event that restoration or replacement of the thing damaged
or taken is not feasible (for example, when it has been depleted or destroyed).
This term differs from simple Restitutio merely in emphasizing that the
restoration must be complete as opposed to partial. E.g., The Party who has
been dispossessed has a choice of remedies. He may claim restitution of the
property taken. This is what is meant by restitutio in integrum. He may on
the other hand abandon any claim to restitution of the actual property and
claim damages instead. Factory at Chorzw, P.C.I.J. Ser. A, No. 17, 1928,
at 70 (Merits) ( Judge Finlay, dissenting). See International Law
Commission, Draft Articles on State Responsibility art. 35, UN
GAOR 56th Sess., Supp. No. 10, at 15568, UN Doc. A/56/10 (2001). An
alternative term is Restitutio ad integrum (statum). Compare with Restitu-
tio in pristinum.
n. Restitution in
Restitutio in genere. rsttt n gnr. restit in jenr.
kind. Substitute restitution; compensation for damages by supplying goods
or other restitution of a kind similar to what was lost by reason of the
wrongdoing. E.g., Principle VIIexcludes the possibility of retaining cul-
tural objects which may never be retained as war reparations. In other
words, the Declaration aims to exclude restitution in kind (resitutio in genere)
and the duty to redress damage, in the area of culture in this case, by the
States responsible for the outbreak of the Second World War. UNESCO,
Report by the Director General on the Preparation of a Draft Declaration of
Principles Relating to Cultural Objects Displaced in Connection with the
Second World War, Doc. 177 EX/17 (Sept. 17, 2007), Annex II (Doc. 34
C/22), at 3. See also In genere.

Rusticum ius
n. Res-
Restitutio in pristinum. rsttt n prstnm. restit in pristnum.
toration to the original. Restoration of an injured entity or person to its
condition before an event (such as an injury) occurred that altered that
condition. Compare with Restitutio in integrum.
Reus in excipiendo actor est. rs n ks-kp-nd aktr st. rus in eksip-end
R
ktr est. The defendant, in making a legal defense, is a plaintiff. A maxim,
derived from Ulpians Disputations, meaning that one interposing a positive
defense must adduce sufficient evidence to carry the burden of proving the
defense valid. The maxim assumes that the plaintiff has already carried the
initial burden of presenting a prima facie valid claim.
Revisitation of law. The
Revisio in iure. rws n yr. reviz in jr. n.
hearing of an appeal from a legal decision without reconsidering the facts as
found by the lower tribunal or other fact-finder.
Rex. rks. reks. n. King. (1) A male monarch. (2) Metonymically, the sover-
eign or state. Sometimes abbreviated R. Compare with Regina.
Rex extra territorium suum privatem. rks kstra trrtr-m sm prwatm.
reks ekstru teritr-um sum prvtum. n. A king outside his own private
territory. A maxim referring to the immunity of a sovereign in foreign
courts. Compare with Par in parem non habet iurisdictionem.
Rigor iuris. rgr yrs. rigr jris. n. Strictness of law. The strict or literal
interpretation of the law.
Rusticum iudicium. rstkm ydk-m. rustikum jdium. n. Neo. Rough
judgment. The division of liability for an accident so that the respondent
pays only a portion (usually, half ) of the claimants loss because of the equal
fault of the parties. This practice arose in the seventeenth-century English
Admiralty Courts to resolve disputes relating to maritime accidents and was
sometimes applied by common law courts to tort cases as a kind of compar-
ative negligence rule to mitigate the harsh effects of the traditional contrib-
utory negligence rule. See also Rusticum ius.
Rusticum ius. rstkm ys. rustikum jus. n. Neo. Rough law. A rule of liability
by which all parties share liability in proportion to their fault for the damages
resulting from an accident. See also Rusticum iudicium.

S
................................
S.J.D. An abbreviation of Scientiae iuris doctor.
Saving the rule. Without prejudice to

Salvo iure. salw yr. slv jr. adv.
the rights (of any person). The term may also be used with a possessive
pronoun, e.g., salvo iure meo (without prejudice to my rights), salvo iure
cuiuslibet (without prejudice to anyones rights), or salvo iure regis (without
prejudice to the sovereigns rights).
Scandalum magnatum. skandalm magnatm. skndalum mgntum. n. The

stumbling block of great persons. (1) Something that creates confusion or
error in even the most skillful, knowledgeable, or intelligent persons. (2) In
English common law, the defamation of a state official, aristocrat, or other
person of high office, rank, or social standing, giving rise to civil and criminal
liability in order to censor criticism of the state, its government, and its
privileged classes. E.g., Words spoken in derogation of a peer, a judge, or
other great officer of the realm, which are called scandalum magnatum, are held
to be still more heinous; and, though they be such as would not be actionable in
the case of a common person, yet when spoken in disgrace of such high and
respectable characters, they amount to an atrocious injury, which is redressed by
an action on the case founded on many ancient statutes; as well on behalf of the
crown, to inflict the punishment of imprisonment on the slanderer, as on behalf
of the party, to recover damages for the injury sustained. 3 William Black-
stone, Commentaries on the Laws of England 12324 (1768).
(commonly used as a n.) Know-

Scienter. sk-ntr. s-entr or s-entr. adv.
ingly; skillfully. (1) The kind of intent or degree of knowledge prerequisite
to civil or criminal liability for an act committed with this intent or knowl-
edge. Compare with Animus malus, Dolus malus, and Mens rea. (2) An
intent to commit a harmful act. (3) Generally, consciousness or knowledge.
258
Secundum regulam
Doctor of
Scientiae iuris doctor. sk-nt- yrs dktr. s-ent- jris daktr.
juridical science. An alternative formulation of Iuris scientiae doctor.
Abbreviated S.J.D.
Scripto. skrpt. skript. adv. By writing. Done by writing or in written

form. S
Se defendendo. s dfndnd. s dufendend. adv. In defending oneself.
In self-defense.
Secundum aequum et bonum. skndm kw-m t bnm. sekundum ekwum

et bnum. adv. According to what is just and good. An alternative phrase
for Ex aequo et bono. This phrase is commonly misspelled secundum aequo et
bono, secundum aequum et bono, or some variation thereon.
Secundum allegata et probata. skndm allgata t prbata. sekundum legtu

et prbatu. According to the claims and proof. Based on the claims and
evidence presented by the parties (the tribunal will arrive at its judgment).
E.g., The parties put forward facts and submit the evidence that they
consider favourable to their claims, and the court takes them into consider-
ation when making its decision (secundum allegata et probata). Advisory
Opinion on the Western Sahara, 1975 I.C.J. Rep. 12, 138 (separate opinion of
Judge De Castro).
Secundum artem. skndm artm. sekundum artum. adv. According to the

craft. In accordance with common trade or industry usages.
Secundum bonos mores. skndm bns mrs. sekundum bns mrz. adv.
According to good customs. According to established custom; in compli-
ance with proper industry or trade usages.
Secundum bonum et aequum. skndm bnm t k-m. sekundum bnum et

ekwum. adv. According to what is good and just. An alternative phrase for
Ex aequo et bono.
Secundum legem domicilii vel loci contractus. skndm lgm dmkl- wl

lk kntrakts. sekundum lejum damisil vel ls kantrktus. adv. According to
the law of domicile or place of contracting. According to the law of the place
where one or both parties were domiciled or, alternatively, the place in which
the contract was concluded. This maxim has sometimes been used to establish
a general rule dictating which forum or fora may assume jurisdiction over a
dispute under private international law. See also Lex loci contractus.
Secundum regulam. skndm rglam. sekundum regylum. adv. According

to the rule. (1) As a rule. (2) In compliance with the rule.

Secus
Secus. sks. sekus.adv. Otherwise. (1) The legal position is different or

otherwise. (2) The contrary is true. Compare with Contra.
Sed quaere. sd kwr. sed kwr. v. imp. But ask! (1) But is it true?; but are
they true? The term is often used as a shorthand for doubting or questioning
S the accuracy of an assertion. E.g., It is suggested that [the Decision to
transfer all chauffeurs from employment by members of the European Court
of Auditors to the Presidents Department] was taken in the interests not
only of the service but of the drivers themselves and examples have been
given which it is said support the latter justification (sed quaere). Opinion of
Advocate General Slynn, Rousseau v. Court of Auditors of the European
Communities, [1988] E.C.R. 2705. (2) But one might ask the question;
But one might or should inquire
Sedente curia. sdnt kr-a. sedent kyr-u. adv. The court sitting. While
the tribunal is in session.
(sometimes used as an adv.)

Sedes materiae. sds matr-. sedz mutr-. n.
The seat of the matter. (1) (Regarding) the jurisdiction or venue in which a
legal issue is decided. (2) (Regarding) the main substance or key point of
a matter. E.g., While the Respondent argues that what is involved is
a humanitarian intervention provoked by the human tragedy and the enor-
mous suffering, the Applicant finds that sedes materiae the underly-
ing reasons are to be sought elsewherein the support to the terrorist
organization in Kosovo and in the political aim of secession of Kosovo and
Metohija from Yugoslavia. Legality of the Use of Force (Yugo. v. Port.), 1999
I.C.J. Rep. 656, 757, 15 (Provisional Measures) ( Judge ad hoc Krea,
dissenting).
n. (sometimes used as an adv.)

Sedes personae. sds prsn. sedz prsn.
The seat of the person. (Regarding) a persons residence or domicile, which
may be used for determining jurisdiction under private international law.
Semel. sml. semul. adv. Firstly. An adverbial number (the first) usually
inserted into a consecutively numbered series by way of amendment. In
amending or supplementing a treaty or other legal document, the drafters
may choose to append semel and other adverbial numbers to the old article
numbers rather than renumber the articles. For example, in introducing a
new article into a treaty between current articles 6 and 7, the drafters may
rename article 6 to article 6semel and designate the newly added article as
article 6bis. See the Appendix for a list of Latin adverbial numbers commonly
used in international law. Compare with Primo. See also Bis and Primus.

Sententia non fertur de rebus non liquidis
Semel civis semper civis. sml kws smpr kws. semul sivis sempr sivis.
Once a citizen, always a citizen. A maxim of the Roman civil law, adopted
for a time in the English common law, meaning that, once someone has
acquired citizenship, it cannot be renounced or lost through the acquisition
of a new nationality. This principle was not, however, strictly followed;
instances of changing nationality occurred even in the Roman Empire, and S
it has never been successfully asserted to represent international law. Com-
pare with Nemo patriam (in qua natus est) exuere potest (nec ligeantiae
debitum eiurare possit).
Seminaufragium. smnfrag-m. semnfrjum. n. Half-shipwreck. (1) Cargo

( jetsam) cast into the sea to prevent a complete shipwreck. (2) A state of
damage to a seagoing vessel caused by such events as severe weather,
collision, or disrepair that render repairs to a seaworthy state more expensive
than the vessels value.
Semper. smpr. sempr. adv. Always. Always; permanently; continually; at

all times.
Semper ubique et ab omnibus. smpr bkw t ab mnbs. sempr ubikw et

b amnibus. adj. or adv. Always everywhere and by everyone. Universally
accepted, agreed upon, or practiced. E.g., There is a concealed, half con-
scious battle on the question of legislative policy, and if any one thinks that it
can be settled deductively, or once for all, I only can say that I think he is
theoretically wrong, and that I am certain that his conclusion will not be
accepted in practice semper ubique et ab omnibus. Oliver Wendell Holmes,
The Path of the Law, 10 Harv. L. Rev. 457 (1897).
adv. In the strict sense. Speaking

Sensu stricto. sns strkt. sens strikt.
or writing literally and without exaggeration or approximation. Sometimes
misspelled sensu strictu. An alternative formulation is Stricto sensu. Contrast
with Sensu latu.
adj. In the broad sense. Speaking or

Sensu latu. sns lt. sens lt.
writing using an expansive or figurative meaning. Contrast with Sensu
stricto.
n. Judgment. (1) A judicial opinion or judg-

Sententia. sntnt-a. sentenu.
ment. (2) An expert or technical opinion. (3) Sense; meaning; signification.
Sententia non fertur de rebus non liquidis. sntnt-a nn frtr d rbs nn l

kwds. sentenu nan frtr d rbus nan likwidis. Judgment is not born from
unclear matters. A doctrine preventing a tribunal from rendering judgment
where the facts do not permit adequate certainty about the proper decision.

Separatim
This doctrine is not generally applied in international practice. Compare with

Non liquet.
Separatim. sparatm. seprtim. adv. Separately. Separately; severally.
adv. Seventhly. An adverbial number (the

Septie(n)s. spt-(n)s. sept(n)z.
S seventh) usually inserted into a consecutively numbered series by way of
Med. In series. (1) In a consecutive

Seriatim. sr-atm. sr-tim. adj. or adv.
series; successively; one by one. E.g., After various observations on the facts
and the law, New Zealand sets out, seriatim, in the concluding paragraph of
her Application five separate categories of rights which she claims to be
violated by Frances atmospheric nuclear tests. Nuclear Tests (N.Z. v. Fr.),
1974 I.C.J. Rep. 457, 511, 33 ( Judge Onyeama, dissenting). (2) Word for
word. E.g., The applicants claims are set out seriatim and every one of them
is thus mentioned [in the judgment given in this case]. Advisory Opinion on
the Application for Review of Judgment No. 158 of the United Nations Adminis-
trative Tribunal, 1973 I.C.J. Rep. 166, 211, 96. Compare with Verbatim.
adv. Sixthly. An adverbial number (the

Sexie(n)s. sks-(n)s. seks(n)z.
sixth) usually inserted into a consecutively numbered series by way of
Si omnes. s mns. s amnz. If all An abbreviation of a Latin phrase that

translates to: If all relevant parties are not bound by the treaty, then the
treaty is not binding upon any of the parties. See Clausula si omnes.
Si quid universitati debetur singulis non debetur, nec quod debet universitas
singuli debent. s kwd nwrstat dbtr sngls nn dbtr, nk kwd d
bt nwrstas sngl dbnt. s kwid ynivrsitt debetr sigylis nan debetr,
nek kwad debet ynivrsitus siyl debent. If something is owed to the whole,
it is not owed each to each, nor do each individually owe what the whole
owes. A maxim, originating in Justinians Digest (3.4.7.1), meaning that a
debtor or injured party may not retaliate for a wrong or collect a debt against
one not directly responsible for the injury or debt. The maxim has been used
to explain why creditors of a limited liability company cannot recover against
the companys owners.
Si vis pacem, para bellum. s ws pakm, para bllm. s vis pkem, paru belum.
If you want peace, prepare for war. An alternative phrase for Qui desiderat
pacem, praeparet bellum.

Sic utere tuum
Sic. sk. sik. adv. Thus. So written or stated in the original. The term is often
used in brackets to indicate that an error or idiosyncrasy in quoted text
originates in the text itself and not in the person quoting the text. E.g.,
At approximately 7 a.m. Eastern Daylight Time on 19 October 1987, United
States naval vessels destroyed the Iranian military ocean platform at Rasha-
dat [sic] (also known as Rostam) in international waters of the Persian Gulf. S
Oil Platforms Case (Iran v. U.S.), 2003 I.C.J. 161, 185, 48.
adv. Thus and simply.

Sic et simpliciter. sk t smplktr. sik et simplisitr.
Without further complication or elaboration. E.g., [T]he principle of fiscal
territoriality, which the court has recognised in respect of the rules on free
movement of persons and freedom of establishment, cannot be transposed sic
et simpliciter to freedom of services. Opinion of Advocate General Tesauro,
Safir v. Skattemyndigheten I Dalarnas Ln, [1998] 3 C.M.L.R. 739, 754, 25.
Sic interpretandum est ut verba accipiantur cum effectu. sk ntrprtandm

st t wrba akkp-antr km ffkt. sik intrpretndum est t vrbu usip-ntr
kum efekt. So should words be understood such that they are construed as
to their effect. A maxim originating in Edward Cokes Institutes of the Laws
of England (3:80) meaning that, where the provisions of a contract or other
legal instrument are unclear, they should be interpreted in a manner that will
make the instrument legally binding and effective to its purpose.
Thus it is written. A phrase

Sic subscribitur. sk sbskrbtr. sik subskribitr.
indicating that the writer or speaker witnessed the execution of a document,
after which the witness signs his or her own name in attestation thereof.
Sic utere tuo ut alienum non laedas. sk tr t t al-nm nn ldas. sik y

tr t t l-enum nan ldus. Use your own in such a way that you do not
harm that which belongs to another. A maxim enjoining all who own or
possess property or territory to enjoy it in such a way that it causes no harm
to others. This principle has been incorporated into several instruments
and decisions relevant to the international environmental responsibilities
of states. See, e.g., Stockholm Declaration of the United Nations Conference
on the Human Environment, Principle 21, 11 I.L.M. 1416 (1972); Rio
Declaration on Environment and Development, Principle 2, 31 I.L.M. 874
(1992); Advisory Opinion on the Legality of the Threat or Use of Nuclear
Weapons, 1996 I.C.J. Rep. 226, 24142, 29. Sometimes abbreviated Sic
utere tuum.
Sic utere tuum. sk tr tm. sik ytr tum.Use your own thus. An
abbreviation of Sic utere tuo ut alienum non laedas.

Silent leges inter arma
Silent leges inter arma. slnt lgs ntr arma. slent lejz intr armu. Among
arms, laws are silent. An alternative formulation of Inter arma silent leges.
Simplex. smplks. simpleks.adv. Simple. (1) Pure; sheer; unadulterated.
(2) Uncomplicated; straightforward.
S Simpliciter. smplktr. simplisitr. adj. Simply. (1) Unconditionally and
absolutely. E.g., Article 2(4) [of the UN Charter] does not forbid the threat
or use of force simpliciter; it forbids it only when directed against the
territorial integrity or political independence of any state, or in any other
manner inconsistent with the Purposes of the United Nations. Julius
Stone, Aggression and World Order 95 (1958). (2) Purely; without
qualification or complication. E.g., And consent to jurisdiction cannot be
established, even prima facie, when it is clear from the terms of the declara-
tions themselves that the necessary consent is not prima facie present, or
simply is not present, simpliciter. Legality of Use of Force (Yugo. v. Belg.),
1999 I.C.J. Rep. 124, 168, 26 (separate opinion of Judge Higgins). (3) By
itself; alone. E.g., It is true that there is a significant measure of overlap
between what the Applicant sought, and to some extent obtained, in its [two
requests for provisional measures.] But whatever may be the degree of
overlapand it is not totalthe question is not really simpliciter whether
the subject-matter of the first request may be revisited. Application of
Convention on Prevention and Punishment of Crime of Genocide (Bosn. &
Herz. v. Yugo.), 1993 I.C.J. Rep. 325, 411, 12 (separate opinion of Judge
Lauterpacht).
Sine. sn. sin or sin. prep. Without. Without.
Sine die. sn d. sin- or sin d.adv. Without a day. (1) Lacking the
designation of a specific day. (2) Indefinitely. E.g., [T]he Agents of the two
Parties jointly informed the Court that their Governments had entered into
negotiations that may lead to a full and final settlement of the case and
requested the Court to postpone sine die the opening of the oral proceed-
ings, for which it had been fixed the date of 12 September 1994. Aerial
Incident of 3 July 1988 (Iran v. U.S.), 1996 I.C.J. Rep. 9, 10.
adv. Without delay. (1) Immedi-
Sine mora. sn mra. sin- or sin mru.
ately. Compare with Statim. (2) Without undue delay.
Sine qua non. sn kwa nn. sin- or sin kw nan. adj. (commonly used
as a n.).
Without whichnot. An abbreviation of Condicio sine qua non. E.g.,
An active involvement on the part of the parentsneeded to be promoted
as a condition sine qua non for the overall improvement of the education
situation of the Roma. D.H. v. Czech Rep., Eur. Ct. Hum. Rts. App. No.

Specialia generalibus derogant
57325/00, Judgment of Nov. 13, 2007, 76, 47 I.L.M. 38. See also Causa sine
qua non.
n. Physical position or site. The position or

Situs. sts. stus or situs.
location of property. See also Lex situs.
adj. Whether or not indefi-

Sive indefinita. sw ndfnta. siv indefinitu. S
nite. As to whether the matter is indefinite or unknown. E.g., Immemorial
possession sive indefinita manifests itself as a present and evident fact the
commencement of which is unknown. Advisory Opinion on Western Sahara,
1975 I.C.J. Rep. 12, 154 (separate opinion of Judge De Castro).
n. Med. Naval partner-

Societas navalis. sktas nawals. ssetus nvulis.
ship. (1) In European law, a partnership in a seagoing vessel, the vessel
being treated as capital divided into tradable shares. (2) A group of seagoing
vessels sailing together for mutual protection. An alternative term is Admir-
alitas.
Soluta legibus scelera sunt. slta lgbs sklra snt. saltu lejibus selru sunt.
Crimes are committed with impunity. A condemnation of the nonenforce-
ment or underenforcement of law, written by Seneca in De beneficiis in the
first century CE.
Solutio. slt. sult or sal. n. Payment. Performance or payment in

satisfaction of an obligation.
imp. Pay and seek again. A

Solve et repete. slw t rpt. salv et rupt. v.
doctrine by which a party wrongfully adjudged liable for an injury must pay
the victorious party before seeking restitution of the wrongfully disbursed
award.
Specialia generalibus derogant. spk-al-a gnralbs drgant. spelibus

jenrlibus dergent. The specific derogates from the general. (1) When
both general and specific rules may apply to a legal issue, the more specific
rules prevail on the understanding that they are considered exceptions to or
special applications of the general rule. (2) When a legal instrument contains
multiple clauses relating to an issue, the more specific provisions and terms
apply even in contradiction to the more general ones. E.g., Sir Gerald
Fitzmaurice makes a forceful argument against any too rigid and sweeping
application of the continuity rule, but I believe his illustrative situationmay
be covered by another rule deriving from the law of State succession, and on
that basis would escape the application of the continuity rule for interna-
tional claims which I consider to be generally bindingspecialia generalibus
derogant. Barcelona Traction, Light, and Power Co., Ltd. (Belg. v. Sp.), 1970

Spes recuperandi
I.C.J. Rep. 3, 202, 73 (separate opinion of Judge Jessup). Compare with

Generalia specialibus non derogant and Generalis clausula non porrigitur
ad ea quae antea specialiter sunt comprehensa.
Spes recuperandi. sps rkprand. spes rukprnd. n. Hope of recovery.

S The expectation or hope of recovering a seagoing vessel captured as prize.
Between belligerents in an armed conflict, the title to a vessel and its cargo
taken as prize passes to the capturing belligerent the moment that the vessel
passes beyond any hope of recovery (as when it enters a heavily defended
friendly port). See also Infra praesidia.
pl. [s. Spolium. spl-m. spl-um.] Booty. (1) In

Spolia. spl-a. spl-u. n.
Roman practice, weapons and armor taken as spoils from defeated enemy
soldiers. (2) More generally, anything taken in plunder from an enemy
during an armed conflict. In either meaning, the plural form is more
commonly used than the singular.
Spolium. See Spolia.
Sponsio. spns. spans. n. [pl. Sponsiones. spnsns. spansnz.]

Promise. (1) Generally, any promise intending to be binding on the
promisor. (2) A class of treaties of alliance accompanied by religious rituals,
sometimes used in the Roman Empire, in which the more powerful party
bound itself to defend its less powerful ally. Compare with Foedera, Pac-
tiones, and Pactum.
n. Judicial wager. A
Sponsio iudicialis. spns ydk-als. spans jdlis.
frivolous or groundless lawsuit, prosecution, or argument.
Sponsiones. See Sponsio.
Sponte sua. spnt sa. spant su. An alternative formulation of Sua sponte.
v. inf. (commonly used as a n.) To

Stare decisis. star dkss. star dessis.
abide by settled matters. A common law doctrine holding that a point of law
already decided by a tribunal will be followed and not normally called into
question by another tribunal of identical jurisdiction. E.g., It is my view
that, while the Judgment in the Right of Passage case bears on the present
case, it should not have controlled its outcome, as it would seem to have
done. Moreover, it is an important principle of this Court that it does not
recognize the principle of stare decisisthe principle of binding precedent
does not apply in the Court. Land and Maritime Boundary Between Camer-
oon and Nigeria (Camer. v. Niger.), 1998 I.C.J. Rep. 275, 380 (Preliminary
Objections) ( Judge Koroma, dissenting). Compare with Non quieta movere.

Status quo ante bellum
Statim. statm. sttim.adv. Immediately. (1) Immediately. Compare with

Sine mora. (2) At the earliest possible or legally permissible moment.
n. Status with respect to the law. Legal

Status iure. stats yr. sttus jr.
status; status under the law. E.g., The absence of that joint will [to dispose
of jointly owned territory] is equivalent to the omission of an empowering S
formality, since the Government of Nicaragua lacks the legal capacity to alter
by itself the status jure existing in the Gulf. Hersch Lauterpacht, Private
Law Sources and Analogies of Public International Law 289
(1927).
Status libertatis. stats lbrtats. sttus librttis. n. A state of freedom. (1) A
state of freedom from constraint or limitation. (2) A negative obligation; An
obligation not to act in a certain, defined manner. E.g., The individual free-
doms place purely negative duties on the government authorities [not to
interfere with any persons education](negative status, status libertatis).
Belgian Linguistics Case, 1 E.H.R.R. 252, 1 (1968). See also In statu libertatis.
n. Mixed status. (1) A half-
Status mixtus. stats mksts. sttus mikstus.
hearted or desultory war. (2) A state of armed conflict not rising to war but
short of neutrality or peace.
Status quo. stats kw. sttus kw.n. The condition in which. The state of
things existing at the moment. The term was historically sometimes used to
denote the current state of a sovereign powers possession of territory ac-
quired by conquest or occupation. E.g., Guyana contends that the activities
it authorized in the disputed maritime area were in line with a status quo
represented by 40 years of oil practice by the Parties. Guyana v. Suriname,
Perm. Ct. Arb., Award of Sept. 17, 2007, 267, 47 I.L.M. 166 (2008).
Contrast with Status quo ante. See also In statu quo.
Status quo ante. stats kw ant. sttus kw nt. n. The condition in which
before. The state of things as they existed before a specific event, especially
one of legal significance, occurred. E.g., The concept of restitution is not
uniformly defined. According to one definition, restitution consists in
re-establishing the status quo ante, i.e. the situation that existed prior to the
occurrence of the wrongful act. International Law Commission, Draft
Articles on State Responsibility art. 35, cmt. 2, UN GAOR 56th Sess.,
Supp. No. 10, at 15568, UN Doc. A/56/10 (2001). Contrast with Status
quo. See also In statu quo ante.
The
Status quo ante bellum. stats kw ant bllm. sttus kw nt belum. n.
condition in which before war. The situation as it existed before an armed
conflict occurred, usually with reference to the situation existing before one

Status quo de facto
belligerent seized and occupied foreign or disputed territory. E.g., In case of

a conflict between two or more American Statesthe High Contracting
Parties, meeting in consultation shall call upon the contending States to
suspend hostilities and restore matters to the status quo ante bellum. Inter-
American Treaty of Reciprocal Assistance art. 7, Sept. 2, 1947, 21 U.N.T.S.
S 77. Contrast with Status quo post bellum.
The condition
Status quo de facto. stats kw d fakt. sttus kw d fkt. n.
in which in fact. The situation as it exists in fact, as opposed to in theory or
as required by law. Contrast with Status quo de iure.
The condition in
Status quo de iure. stats kw d yr. sttus kw d jr. n.
which in law. The situation as the law requires it to be at present, as opposed
to the what the situation actually is. Contrast with Status quo de facto.
Status quo post bellum. stats kw pst bllm. sttus kw pst belum.n. The
condition in which after war. The situation as it exists after an armed
conflict has terminated, usually with reference to the situation existing
after a belligerent seized and occupied foreign or disputed territory. Contrast
with Status quo ante bellum.
Statuta suo clauduntur territorio (nec ultra territorium disponunt). statta

s kldntr trrtr (nk ltra trrtr-m dspnnt). sttu s kl
duntr teritr (nek ltru teritr-um dispnunt). Statutes are confined to
their territory (nor do they apply extraterritorially). A common law maxim
meaning that the laws of a state are presumed to apply only to conduct and
persons within the states borders and not to those outside of them. In most
common law countries, this presumption is rebuttable on a showing of
legislative intent for the law to apply extraterritorially.
v. imp. Let it stand. In copy editing, this term is commonly

Stet. stt. stet.
used to indicate that a proposed alteration in a text, such as the correction of
a putative error, should be ignored so that the text should stand as originally
written.
v. imp. Halt the proceeding.

Stet processus. stt prksss. stet prasesus.
(1) An order, usually issued by a tribunal, to stop a legal process such as a
trial or the enforcement of an order. (2) An agreement to put such a process
on hold.
Of strict right. (1) In strict

Stricti iuris. strkt yrs. strikt jris. adj. or adv.
accordance with the law or the rights of relevant parties, without variation or
expansion in interpretation. (2) Conferred by grant and not by entitlement.
Rights obtained strici iuris (by license or governmental grant, for example)

Sub disiunctione
are narrowly construed. An alternative formulation is Ius strictum. Compare

with Strictissimi iuris.
Strictissimi iuris. strktssm yrs. striktisim jris. adj. or adv. Of the strictest
right. By the positive law construed as strictly and literally as possible; by the
strictest or narrowest interpretation of a partys rights. Compare with De rigor S
iuris, Ius strictum, and Stricti iuris.
adv. In strict law. According to

Stricto iure. strkt yr. strikt jr. adj. or
a technical point of positive law, as opposed to equity. Compare with De rigor
iuris and Strictum ius. See also Actio stricti iuris and Ius strictum.
adj. or adv. In the strict sense.

Stricto sensu. strkt sns. strikt sens.
(1) Literally and without exaggeration or approximation. (2) In a technical
sense. E.g., In the view of Nicaragua, stricto sensu, the military and para-
military attacks launched by the United States against Nicaragua do not
constitute a case of civil strife. They are essentially the acts of the United
States. Military and Paramilitary Activities in and Against Nicaragua (Nicar.
v. U.S.), 1986 I.C.J. Rep. 14, 114. An alternative formulation is Sensu
stricto. Contrast with Lato sensu.
Strictu sensu. A misspelling of Stricto sensu.
Strictum ius. strktm ys. striktum jus. n. Exact law. An alternative formula-
tion of Ius strictum.
Sua sponte. sa spnt. su spant. adv. On ones own initiative.

(1) Done on ones own initiative, without external prompting. In judicial
and arbitral practice, any procedure undertaken by a tribunal sua sponte is
done at the tribunals own behest and in the absence of any motion by any
party before the tribunal. E.g., [T]he Court is always free, sua sponte, to
examine into its own jurisdiction. South West Africa Cases (Eth. v. S. Afr.;
Liber. v. S. Afr.), 1966 I.C.J. Rep. 6, 333 (separate opinion of Judge Jessup).
Compare with Ex proprio vigore. (2) Spontaneously. Alternative terms are
Ex mero motu, Ex proprio (suo) motu, Mero motu, and Sponte sua.
adv. Under color of right.

Sub colore iuris. sb klr yrs. sub kulr jris.
Done with the appearance of a legal right, regardless of whether the actor in
fact possessed the legal right. Compare with Colore officii.
Sub colore officii. sb klr ffk-. sub kulr fi. adv. Under color of
office. An alternative term for Colore officii.
Sub disiunctione. sb disynktn. sub disjunkn. adv. Neo. Under disjunc-

tion. In the alternative.

Sub iudice
Sub iudice. sb ydk. sub jdis. adj. Under the judge. Under active consid-
eration by a tribunal, judge, or arbitrator. E.g., [T]he situation during the
period in which a case is not yet before a tribunal is not the same as the
situation during the period in which that case is sub judice. So long as a
dispute has not been brought before the tribunalthe period of negotiation
S is not over. Air Services Agreement of 27 March 1946 (U.S. v. Fr.), 18 R.I.A.A.
415, 95 (1979). See also Lis sub iudice.
Sub modo. sb md. sub md. adj. or adv. Under the method. (1) Subject to
a condition. (2) Subject to a qualification.
Sub nom. An abbreviation of Sub nomine.
Sub nomine. sb nmn. sub namin. adj. or adv. Under the name. Under the
specific name. This term is commonly used as a designation for a change of a
case name or other title, as in the following example of a case citation:
Gilmore Steel Corp. v. United States, 585 F. Supp. 670 (Ct. Intl Trade
1984), aff d sub nom. Oregon Steel Mills v. United States, 862 F.2d 1541 (Fed.
Cir. 1988) (U.S.). Commonly abbreviated Sub nom.
Sub poena. sb pna. sub pnu. An abbreviation of Sub poena duces tecum or
Sub poena ad testificandum.
Sub poena ad testificandum. sb pna ad tstfkandm. sub pnu d testifikn

dum. v. ger. (commonly used as a n.) Being required to testify under
penalty. An order from a tribunal to testify under threat of penalty.
Sub poena (duces tecum). sb pna (dks tkm). sub pnu (dsz tekum). v.
imp. (commonly used as a n.). Bring with you under penalty. An order
from a tribunal to produce documents under threat of penalty.
Sub potestate. sb ptstat. sub ptestat. adv. Under the protection.

Under the protection or power of another, usually of a sovereign. Every
state has the duty to try to attempt to protect its citizens, who are said to be
sub potestate, from the denial of human rights or other maltreatment by other
states.
Sub rosa. sb rsa. sub rzu. adj. or adv. Under the rose. Furtive(ly);
confidential(ly). E.g., It would be absurd if the Court were to afford just
satisfaction to the injured party and then sub rosa acquiesce to the continua-
tion of the status quo which the offending state would not be obligedto
remedy in its essential aspects. Broniowski v. Poland, 40 E.H.R.R. 21,
O-I8 (2005) ( Judge Zupancic, concurring). Compare with Sub silentio.

Sublato fundamento, cadit opus
Sub silentio. sb slnt. sub silen. adj. or adv. Under silence. (1) Furtive(ly);
covert(ly). (2) On pledge of secrecy or discretion. (3) Without express
mention or notice. Compare with Sub rosa.
Sub spe rati. sb sp rat. sub sp r.adj. Under hope of ratification. In the
hope or expectation of ratification. A legal instrument signed sub spe rati S
remains nonbinding until ratified by the sovereign whom the signer repre-
sents. A treaty sub spe rati is ineffective and nonbinding unless ratified by the
signatory states. E.g., Sub spe rati may be explained to indicate that the
agent is himself inclined to favor the proposal, but there is no reason why he
should compromise either himself or his government. Ernest Satow, A
Guide to Diplomatic Practice 110, 175 (Neville Bland ed., 4th ed.,
1957). Compare with Ad referendum.
Sub specie aeternitatis. sb spk- trntats. sub sp trnittis.

adj. or adv.
Under the pretense of eternity. Universally true or binding without regard
to individual or cultural differences, time, or place. A rule, principle, or
assertion sub specie aeternitatis is considered universally and always true and
valid, regardless of any contrary reality or subjective norm.
Sub specie (legis) ferendae. sb spk- (lgs) frnd. sub sp (lejis) frend.
adj. or adv. Under pretense of [what is to be] proposed (as law). Done with
intent to improve or otherwise alter the current law, as opposed to merely
acknowledging or restating the legal status quo. E.g., In the circumstances,
the Court, as a court of law, cannot render judgment sub specie legis ferendae,
or anticipate the law before the legislator has laid it down. Fisheries Juris-
diction (U.K. v. Ice.), 1974 I.C.J. Rep. 3, 2324, 53. Compare with De lege
ferenda.
Subditus. sbdts. subditus. n. Subject. One who is formally under anothers

power; a vassal; a subject.
Sublata causa tollitur effectus. sblata ksa tlltr ffkts. subltu kzu ta
litr efektus. Upon removal of the cause, the effect is removed. A maxim
meaning that the cessation of a continuing harmful act or situation puts an
end to the resulting injury (without necessarily remedying any past injury).
Sublato fundamento, cadit opus. sblat fndamnt, kadt ps. sublt fun-
dument, kdit pus. Upon removal of the foundation, the work collapses.
A maxim meaning that, once the foundation of some thing or idea (an
argument or a government, for example) is sufficiently undermined, the
entire thing or idea loses its validity or is destroyed.

Sufferentia pacis
Sufferentia pacis. sffrnt-a paks. sufrenu pkis. n. Toleration of peace.

(1) A truce; an armistice. (2) A treaty of peace.
adj. Of its own kind. A type of subject

Sui generis. s gnrs. s jenris.
matter that is treated differently than other types due to some idiosyncrasy
S of the subject matter or a perception of the subject matter. E.g., General
Assembly resolution 55/12 of 1 November 2000 [approving UN membership
of the Federal Republic of Yugoslavia] cannot have changed retroactively
the sui generis position which the FRY found itself in vis--vis the
United Nations over the period 1992 to 2000 [its continuance of the defunct
Yugoslavias legal personality being contested], or its position in relation
to the Statute of the Court. Application of the Convention on the Prevention
and Punishment of the Crime of Genocide (Bosn. & Herz. v. Yugo.), 2003
I.C.J. Rep. 7, 31, 71 (Application for Revision of the Judgment of 11
July 1996).
Sui iuris. s yrs. s jris. adj. Of its own right. (1) Independent. (2) Hav-
ing full legal capacity to act on ones own behalf. E.g., Every natural person,
free and sui juris, may change his domicil at pleasure. Raleigh C. Minor,
Conflict of Laws; or, Private International Law 72, 30 (1901).
(3) Not subordinate or subject to any law; dictatorial. Cicero describes
Verres, the tyrannical dictator of Sicily, as a homo sui juris (a man of his
own law), meaning that he is subject to no law and his word is law for
others. (Cicero, Verres 2.1.7.18). Contrast with Alieni iuris.
Summa cum laude. smma km ld. sumu kum ld or -ld. adj. or adv. Neo.
With highest praise. With the greatest distinction or honors. The term is
commonly applied to a graduating student who has achieved the highest
academic distinction. See also Cum laude and Magna cum laude.
Summa iniuria. smma nyr-a. sumu injr-u. n. The greatest injury.

A greatest possible injury or injustice.
Summa necessitate. smma nksstat. sumu nusesitt. n. The greatest ne-

cessity. The greatest possible necessity.
Summo iure. smm yr. sum jr. adv. In the greatest right. Having the
greatest right.
Summum bonum. smmm bnm. sumum bnum. n. The greatest good.

The greatest possible good. Contrast with Summum malum.
Summum imperium. smmm mpr-m. sumum impr-um. n. The greatest

authority. The full or maximum sovereign power (usually, of a state).

Suum cuique (tribuere)
Summum ius (summa iniuria) (est). smmm ys (smma nyr-a) (st). su

mum jus (sumu injr-u) (est). The greatest right (is) (the greatest injury).
A maxim meaning that granting a party the maximum extent of its rights may
do an extreme injustice to the party against whom the right is asserted. E.g.,
What is just is however not always equitable, witness the well-known adage:
summum jus summa injuria. And it is in order to mitigate this inconvenience S
of strict justice that recourse may be had to equity whose role is to moderate the
rigour of law. North Sea Continental Shelf (F.R.G. v. Den.; F.R.G. v. Nether.),
1969 I.C.J. Rep. 3, 132 (separate opinion of Judge Ammoun).
Summum malum. smmm malm. sumum mlum. n. The greatest evil. The
greatest possible wrong or injury. Contrast with Summum bonum.
Suo motu. s mt. s mt. adj. Its own motion. An abbreviation of
Proprio suo motu. See also Proprio motu. Compare with Sua sponte and Ex
priorio vigore.
Suo nomine. s nmn. s namin. adv. In its own name. In ones own
name; on ones own behalf.
Super altum mare. spr altm mar. spr ltum mar. adj. or adv. On the
high seas. On the high seas; beyond the territorial seas of any state. See also
Altum mare.
Super eisdem deductis. spr ysdm ddkts. spr ejusdem dduktis.

adv.
Brought upon the same grounds. Brought on the same grounds or basis, as
when multiple cases are brought based on the same facts or claims.
Supra (citatum). spra (ktatm). spru (sttum).adj. (Cited) above; (cited)
formerly. A citation signal used today, as in antiquity, to direct a reader to a
reference earlier in the same writing. E.g., The matter was put as follows by
the Court in the Nottebohm case, supra, where it said. Oil Platforms Case
(Iran v. U.S.), 2003 I.C.J. Rep. 161, 277, 17 (separate opinion of Judge
Buergenthal). Compare with Ante and Opera citato. Contrast with Infra
(citatum).
Suum cuique (tribuere). sm kwkw (trbr). sum kwikw (tribwr).

To each (allot) his own. (1) A general expression advising to do justice or
give just deserts to each person. (2) In prize law, the principle that contra-
band on board a vessel may be subject to capture even if the vessel itself is
immune to capture.

T
................................
Tabula rasa. tabla rasa. tbylu razu. n. (also commonly used as an adv.).
Scraped slate. Generally, something started anew, without regard for or
knowledge of prior events or conditions. In international law, the term has
been used as a shorthand for the theory that a successor state does not
automatically inherit all of the treaty obligations or rights of its predecessor.
E.g., [T]he rule on automatic succession of multilateral treatieslex ferenda, as
matters now standhas not been accepted in positive international law.
However, it would be wrong to conclude from this that a new State begins
life in the international community as a tabula rasa, a newborn in a legal vacuum
deprived of all treaty rights and obligations. Application of Convention on
Rep. 595, 781, 112 ( Judge ad hoc Krea, dissenting). See generally the Vienna
Convention on the Succession of States in Respect of Treaties, Aug. 23, 1978,
1946 U.N.T.S. 3.
adv. With tacit consent.

Tacito consensu. takt knsns. tsit kansens.
Done with the unexpressed but presumed consent of a principal party.
adj. Such like. Such as it is; in the

Talis qualis. tals kwals. tlis kwlis.
currently existing condition, with all imperfections or qualifications. An
alternative term is Tantum et tale.
Tanquam quilibet. tankwam kwlbt. tnkwum kwlibet. adj. or adv. Like

anyone else. In the same manner as any ordinary person. Historically, this
term was sometimes applied to acts of the sovereign of a kind in which a
private person could have engaged. Compare with Iure gestionis.
Tantum et tale. tantm t tal. tntum et tl. adv. So much and of such kind.
An alternative term for Talis qualis.
274
Ter
Tantum quantum. tantm kwantm. tntum kwantum. adv. Just as much. In

the same or similar quantities.
Tempus. tmps. tempus. n. Time. (1) Time. (2) A specific period of time.
n.
Tempus commisi delicti. tmps kmms dlkt. tempus kumis dulikt. T
The time when the delict was committed. The moment of the commission
of a wrong.
Tempus fugit. tmps fgt. tempus fyjit.Time flees. An expression of the

ephemeral nature of life and all things human. The phrase derives from a line
in Virgils Georgics, in which the poet remarks upon how time passes swiftly
for a farmer lovingly devoted to his work. The expression became a com-
monplace in antiquity.
Tempus regit factum. tmps rgt faktm. tempus rejit fktum. Time rules
events. A maxim meaning that the legality of an act or legal consequences of
an event can only be judged according to the law in effect at the time the act
or event occurred. E.g., The generally accepted principle of intertemporal
law, which is contained in the rule tempus regit factum, should therefore be
considered as a recognized principle of international law. Consequently, the
creation of ties with or titles to a territory must be determined according to
the law in force at the time. The same law will also determine the nature and
validity of the ties at that time. The rule tempus regit factum must also be
applied to ascertain the legal force of new facts and their impact on the
existing situation. New facts will be subject to the rules of law in force at the
time when they occur. Advisory Opinion on the Western Sahara, 1975 I.C.J.
Rep. 12, 169 (separate opinion of Judge De Castro).
Tempus utile. tmps tl. tempus ytil. n. Useful time. The period of time
during which one may exercise his or her legal rights before they expire.
A statute of limitations, for example, specifies the terminal point of a tempus
utile for commencing an action.
Ter. tr. tr. adv. Thirdly. An adverbial number (the third) usually inserted
into a consecutively numbered series by way of amendment. Treaty drafters
inserting several new articles into an existing treaty by amendment com-
monly designate the second inserted article by ter, so that the original article
(e.g., article 6) either remains the same or becomes article 6semel, the first
inserted article becomes article 6bis and the second becomes article 6ter. See
the Appendix for a list of Latin adverbial numbers commonly used in
international law. See also Bis and Semel.

Terminus a quo
Terminus a quo. trmns a kw. trminus a kw. n.End from which. (1) The
beginning. (2) The starting point of a stated period or event. Compare with
Dies a quo. Contrast with Terminus ad quem.
Terminus ad quem. trmns ad kwm. trminus d kwem. n. End to which.

T (1) The finish. (2) The end point of a stated period or thing. E.g., Starting
from the point indicated in the previous paragraph, the envisaged segment
of the delimitation line crosses George Bank between points on the
100-fathoms depth line.As for the terminus ad quem of this final segment
of the delimitation line, a point has to be situated within the triangle defined
by the Special Agreement between the Parties. Delimitation of the Maritime
Boundary in the Gulf of Maine (Can. v. U.S.), 1984 I.C.J. Rep. 246,
22728. Compare with Dies ad quem. Contrast with Terminus a quo.
Terminus technicus. trmns tknks. trminus teknikus. n. Technical term.

A technical term; a term of art. Compare with Vox signata.
Terra communis. trra kmmns. teru kumynis. n. Common land. Land

that no one owns or over which no state exercises sovereignty and that is
theoretically available on equal terms for all to use. In international practice,
Antarctica is one of the few examples of terra communis. See also Res com-
munis (omnium), Res universitatis, and Terra nullius.
Terra firma. trra frma. teru frmu. n. Solid land. (1) Solid ground. (2) Land
of the kind that forms territory subject to state sovereignty. E.g., It has never
been disputed that islands constitute terra firma, and are subject to the rules
and principles of national acquisition. Maritime Delimitation and Territorial
Questions (Qatar v. Bahr.), 2001 I.C.J. Rep. 102, 206 ( Judgment). (3) Figu-
ratively, a sound basis to support an argument, interpretation, or other
abstract edifice.
Terra incognita. trra nkgnta. teru inkagntu. n. Unknown land. (1) An

unexplored or unknown territory or region. E.g., The knowledge and
objectivity of the cartographers of Africa are not in doubt. It is true that
there was in the interior of Africa a terra incognita, but the situation of the
territories near the coasts was well known. Advisory Opinion on Western
Sahara, 1975 I.C.J. 12, 153 (separate opinion of Judge De Castro). (2) Figura-
tively, a concept or idea not fully known or considered. E.g., The separabil-
ity of void or invalid reservations from declarations accepting the Courts
compulsory jurisdiction is still in most ways terra incognita. Aerial Incident of
10 August 1999 (Pak. v. India), 2000 I.C.J. Rep. 12, 53, 21 ( Jurisdiction)
( Judge Al-Khasawneh, dissenting).

Tertium non datur
Terra nullius. trra nlls. teru nl-us. n. [pl. Terrae nullius. trr nlls. ter
nl-us.] Nobodys land. Land or territory over which no state exercises
sovereignty but that is open to claims of exclusive rights or peaceful occupa-
tion by any state with the intention of acquiring sovereignty over it. The
continued viability of this concept has been brought into question by modern
state practice, at least with respect to lands considered terra communis and T
lands occupied by indigenous peoples. E.g., In the view of the Courta
determination that Western Sahara was a terra nullius at the time of
colonization by Spain would be possible only if it were established that at
that time the territory belonged to no-one in the sense that it was then open
to acquisition through the legal process of occupation. Advisory Opinion
Concerning the Western Sahara, 1975 I.C.J. Rep. 3, 79. The plural form
should be avoided as nonidiomatic. An alternative term is Territorium nul-
lius. See also Res nullius and Terra communis.
Terrae dominium finitur, ubi finitur armorum vis. trr dmn-m fntr, b
fntr armrm ws. ter dumin-um finitr, b finitr armrum vis. The
ownership over land ends where the force of arms ends. An alternative
phrase for Potestas terrae finitur, ubi finitur armorum vis.
n. pl. The lands of the empire.
Terrae imperii. trr mpr-. ter impr.
The lands subject to the sovereignty of a state or other authority.
n. Nobodys ter-
Territorium nullius. trrtr-m nlls. teritr-um nl-us.
ritory. An alternative term for Terra nullius. E.g., Consequently, there is
ground to admit that, whenFrance proclaimed her sovereignty over Clip-
perton, that island was in the legal situation of territorium nullius, and,
therefore, susceptible of occupation. Sovereignty over Clipperton Island
Case (Fr. v. Mex.), Award of Jan. 28, 1931, 26 Am. J. Intl L. 390, 393 (1932).
Territorium serviens. trrtr-m srw-ns. teritr-um srv-enz. n. The
serving territory. Territory belonging to one state that is subject to some
servitude or right of usage by another state or group of states. Classic examples
are Hong Kong, over which the United Kingdom exercised a long-term lease
for many years, and the United Nations Headquarters on Manhattan Island,
which is for most purposes considered outside of U.S. jurisdiction.
Terrus nullius. A common misspelling of Terra nullius.
Tertium non datur. trt-m nn datr. trum nan dtr.There is no third
[option]. A statement asserting that a dichotomy defines the universe of
possibilities. E.g., The essential difference between law and politics or
administration lies in the fact that law distinguishes in a categorical way
what is right and just from what is wrong and unjust, while politics and

Tertium quid
administration, being the means to attain specific purposes, and dominated

by considerations of expediency, make a distinction between the practical
and the unpractical, the efficient and the inefficient. Consequently, in the
judgment of law there is no possibility apart from what is just or unjust
(tertium non datur), in the case of politics and administration there are many
T possibilities of choice from the viewpoint of expediency and efficiency.
South West Africa (Eth. v. S. Afr.; Liber. v. S. Afr.), 1966 I.C.J. Rep. 6, 283
(Second Phase) ( Judge Tanaka, dissenting).
Tertium quid. trt-m kwd. trum kwid. n. Third thing. (1) Something that
escapes classification in either of two mutually or more exclusive and suppo-
sedly exhaustive categories. (2) A third party, often of ambiguous status.
n. The third. (1) A third party. (2) A nonparty to a
Tertius. trt-s. trus.
treaty or other agreement.
Thesauri. See Thesaurus.
n. [pl. Thesauri. t-hsr. yesr.] Treasure.
Thesaurus. t-hsrs. yesrus.
Treasure or valuable goods, especially precious metals and money. The
term has sometimes been used to mean treasure that has been abandoned
or hidden by an unknown person and then discovered by someone else. See
also Occultatio thesauri inventi, Thesaurus absconditus, and Thesaurus
inventus.
Thesaurus absconditus. t-hsrs abskndts. yesrus bskanditus.n. Hidden

treasure. Hidden or buried treasure. See also Occultatio thesauri inventi and
Thesaurus.
Thesaurus inventus. t-hsrs nwnts. yesrus inventus. n. [pl. Thesauri in-

Discovery of trea-
ventio. t-hsr nwnt. yesr invent or -inven.]
sure. The discovery of treasure or valuable goods; treasure trove. In Roman
law, the discoverer of thesaurus inventus might acquire a full or partial
ownership interest in the treasure. In medieval European law, the principle
was sometimes invoked, as by Grotius, to justify the feudal lords accession to
all treasure of unknown ownership found in his territory. See also Occultatio
thesauri inventi and Thesaurus.
n. (commonly used as an adv.) Entire

Tota curia. tta kr-a. ttu kyr-u.
court. (By) the entire tribunal, as opposed to a panel, majority, or minority.
Totidem verbis. ttdm wrbs. ttidem vrbis. adv. In so many words.
(1) Literally; in the precise words used; word for word. (2) In express
language, as opposed to being implicit. E.g., But if the voluntary law of
nations derives all its obligatory force from the general usage of nations, as

Tu quoque
inferring or implying general consent, it is neither more nor less, than what
is generally understood by the terms consuetudinary law of nations;
which rests upon the general consent of nations, as being, though not
totidem verbis, yet virtually expressed by their conduct for ages, and as
being in fact the practical realization or adoption in practice of the natural
law of nations. James Reddie, Inquiries into International law, T
Public and Private 125 (1851). Compare with De verbo in verbum, In
haec verba, Ipsis verbis, Ipsissima verba, and Verbatim. Contrast with
Non totidem verbis.
Toties quoties. tt-s kwt-s. ttz kwtz. adv.As often as. (1) As often
as; occurring equally often. (2) Whenever the same thing occurs. E.g., I take
the fair and proper meaning of the words used, having due regard to the
context, to be that, so often as every first eleven years of the term of twenty-
one yearsshall expire, the lessors will grant a similar new lease upon the
surrender of the old lease, and so on toties quoties. Wynn v. Conway Corp.,
[1914] 2 Ch. 705, 710 ( Judge Joyce) (U.K.).
adj. Throughout the entire sky/
Toto caelo. tt kl. tt sl or -kl.
heavens. Completely; entirely; to the greatest extent possible.
v. inf. To be
Toto caelo errare. tt kl rrar. tt sl- or -kl erar.
mistaken throughout the entire heavens. To be entirely mistaken; to be as
mistaken as anyone could possibly be.
adv. Thirteenthly. An adverbial
Tredecie(n)s. trdk-(n)s. trdes(n)z.
number (the thirteenth) usually inserted into a consecutively numbered
series by way of amendment. See the Appendix for a list of Latin adverbial
numbers commonly used in international law. See also Bis and Semel.
Treuga dei. tr-ga d. trgu d. n. Truce of God. A customary war practice
of suspending hostilities during religious holidays. This practice was only
observed when the belligerents both espoused the same religion, and even
then observance was inconsistent.
Tu quoque. t kwkw. t kwkw. n. You also. (1) A legal doctrine of
reciprocality, according to which a violation by one party of its duties justifies
a violation of the duties of its counterpart. (2) An argument that is under-
mined by contradiction through the arguers own actions or other argu-
ments; an inconsistent argument. E.g., Let it be assumedthat a purely tu
quoque argument might have some validity on a sort of preclusive basis.
Accordingly, it is said, the Belgian case must concede what it claims: just as it
claims that the Canadian nationality of the Barcelona Company is not
conclusive, so must it also concede that the ostensibly Belgian nationality

Tuum
of Sidro-(Sofina) is not conclusive as to that entitys true character, which

must in consequence be established by reference to the underlying share-
holding interests in it. Barcelona Traction, Light, and Power Co., Ltd. (Belg.
v. Sp.), 1970 I.C.J. Rep. 3, 92, 46 (separate opinion of Judge Fitzmaurice).
(3) A legal argument to the effect that, because others have not been
T prosecuted for similar international crimes, this attests to the invalidity or
demise of the legal rule such that the defendant should be exempt from
prosecution as well. E.g., [T]his Tribunal does not recognise tu quoque as a
valid defence and has accepted, but only to a very limited extent, evidence
relating to crimes allegedly committed by other parties to the conflict. As a
consequence, the Trial Chamber may disallow questions which are irrelevant
either because they are beyond the Indictments temporal scope or are
unrelated to the specific facts of the violations alleged in the Indictment.
Prosecutor v. Delic, I.C.T.Y. Case No. IT-04-83-T, Decision of July 24,
2007, 9.
Tuum. tm. tum. adj. (often used as a n.) Your. Yours; that which belongs
to you. Contrast with, and see the example of usage in, Meum.

U
................................
Uberrimae fidei. brrm fd-. brim fd. n.[Having the quality of] the
utmost faith. The greatest candor and good faith. In common law jurisdic-
tions, uberrimae fidei is a duty owed by an insured to the insurer to voluntarily
and fully disclose all facts material to the calculation of insurance risk. A
misrepresentation relating to the risk of an adventure, or failure to disclose
information material to risk even if not inquired about by the insurer, may
constitute a breach of the obligation of uberrimae fidei. Information is
generally considered material if it would influence the insurer in determin-
ing whether he would accept the risk. E.g., Under uberrimae fidei, a material
misrepresentation on an application for marine insurance is grounds for
voiding the policy. HIH Marine Services, Inc. v. Fraser, 211 F.3d 1359, 1363
(11th Cir. 2000).
Ubi ius ibi remedium (est). b ys, b rmd-m (st). b jus, ib remd-um
(est). Wherever there is a right, there is a remedy. A maxim meaning that
every legal right implies some form of remedy to rectify the consequences of
a transgression of the right. Compare with Lex dabit remedium and Ubicun-
que est iniuria, ibi damnum sequitur.
Ubi lex non distinguit, nec nos distinguere debemus. b lks nn dstng-t,
nk ns dstngr dbms. b leks nan distiit, nek nas distir debemus.
Where the law does not distinguish, neither should we distinguish. A
maxim meaning that new legal distinctions should not be recognized based
on novel facts to justify departing from or creating a new exception to an
established legal rule.
Ubi societas, ibi ius. b sktas, b ys. b susetus, ib jus. Wherever there
is society, there is law. A maxim meaning that law may be found in all forms
of stable political organization arising from social collaboration. The maxim
suggests that the term law applies to processes more general than impartial
281
Ubi te invenero, ibi te iudicabo
decision by a court or other authoritative tribunal. E.g., In turning away

from [morality], international law condemns itself to sterility in face of a
society bubbling over with life. The normative school and its pure theory of
law, in rejecting the moral, social, and political elements, described as metajur-
idical, become isolated from international realities and their progressive in-
U stitutions: ubi societas, ibi jus. North Sea Continental Shelf (F.R.G. v. Den.; F.R.
G. v. Nether.), 1969 I.C.J. Rep. 3, 137 (separate opinion of Judge Ammoun).
Ubi te invenero, ibi te iudicabo. b t nwnr, b t ydkab. b t inve
nr, ib t jdikab. Wherever I find you, there I shall judge you.
A principle according to which jurisdiction may be asserted over a person
whenever found within the territory of the forum.
Ubicunque est iniuria, ibi damnum sequitur. bknkw st nyr-a, b dam
nm skwtr. bikunkw est injr-u, ib dmnum sekwitr. Wherever there is
a legal wrong, there the penalty follows. A common law maxim meaning
that every wrongful act entails a remedy, usually in the form of monetary
damages to the injured party. Compare with Lex dabit remedium and Ubi ius
ibi remedium (est).
Ultima ratio. ltma rat. ltimu r. n. Last basis. (1) The primary, best, or
most important basis or reasoning for an argument. (2) The last resort. (3) By
ironical analogy, the use of force to resolve a dispute.
Ultra fines compromissi. ltra fns kmprmss. ltru fnz- or fnz kam-
prumis. adj. Beyond the limits of the compromis. Outside the scope of
the agreement to submit disputes to arbitration; beyond the powers con-
ferred on the arbitral tribunal by the parties to resolve the dispute. Compare
with Ultra vires compromissi.
Ultra fines mandati. ltra fns mandat. ltru fnz- or -fnz mndt.
adj.
Beyond the limits of the mandate. Outside the scope of the authoritys or
agents mandated powers. Compare with Ultra vires.
Ultra licitum. ltra lktm. ltru lisitum. adj. Beyond what is legal. Beyond
what is legal or permitted.
Ultra mare. ltra mar. ltru mar. adj. Beyond the sea. (1) Literally, overseas.
(2) Outside of the jurisdiction or territory of a state.
adv. Beyond the petition. Greater in
Ultra petita. ltra ptta. ltru puttu.
amount or scope than the complaint, claim, or petition requested. E.g.,
[T]he Court has never declared itself competent to change the subject-
matter of a dispute, and if it had ever sought to do so, such a decision would
have been without legal foundation and ultra petita. Fisheries Jurisdiction

Undecie(n)s
Case (Spain v. Can.), 1998 I.C.J. Rep. 432, 554, 4 ( Jurisdiction) ( Judge
Ranjeva, dissenting). See also Non ultra petita (partum).
Ultra posse nemo tenetur. ltra pss nm tntr. ltru pas nm tenetr.
Nobody is held beyond his ability. A maxim meaning that the law will not
require someone to perform an act beyond his or her objective capabilities. U
Compare with Impossibilium nulla obligatio est, Impotentia excusat
legem, Lex neminem cogit ad vana seu impossibilia, and Lex non cogit
impossibilia.
Ultra valorem. ltra walrm. ltru vlrum. adj. Beyond the value. Greater
than the value.
adj. (sometimes used as an adv.) Beyond

Ultra vires. ltra wrs. ltru vrz.
the powers. Outside the scope of the authorized powers of the actor. In
general, the fact that the organ or agent of a state acted ultra vires is not
considered to relieve the principal state of liability for the organ or agents
acts so long as the organ or agent had apparent authority to act. E.g., The
case of purely private conduct should not be confused with that of [a state]
organ functioning as such but acting ultra vires or in breach of the rules
governing its operation. In this latter case, the organ is nevertheless acting in
the name of the State. Draft articles on Responsibility of States for Interna-
tionally Wrongful Acts, with Commentaries art. 4 cmt. 13, UN GAOR 56th
Sess., Supp. No. 10, UN Doc. A/56/10 (2001). See id. art. 7. Compare with
Ultra fines mandati. See also Respondeat superior.
Ultra vires compromissi. ltra wrs kmprmss. ltru vrz kamprumis.

adj.
Beyond the powers of the compromis. Outside the scope of the authority in
the submission to arbitration delegated to an arbitral tribunal to decide a
dispute. Compare with Ultra fines compromissi.
If one is
Una testis, nulla testis. na tsts, nlla tsts. nu testis, nlu testis.
a witness, no one is a witness. An alternative formulation of Unus testis,
nullus testis.
Una voce. na wk. nu vs.adv. In one voice. Unanimously; without

expressed dissent. Compare with Nemine contra dicente and Per universi-
tatem.
Undecie(n)s. ndk-(n)s. undse(n)z. adv. Eleventhly. An adverbial number

(the eleventh) usually inserted into a consecutively numbered series by way of

Unicum
Unicum. nkm. ynikum. adj. Unique. Of unique character or facts for

which no general rule of law or precedent provides a clear resolution. In a
case characterized as unicum, a judgment of non liquet may in some limited
circumstances result.
U Totality of right.
Universitatis iuris. nwrstats yrs. ynivrsittis jris. n.
The totality of the rights of a state, entity, or person. Compare with Uni-
versum ius.
Universum ius. nwrsm ys. ynivrsum jus. n. Entire right. The totality of
the rights of a state, entity, or person. Compare with Universitatis iuris.
Uno actu. n akt. n kt. adv. By one act. By a single act. E.g.,
Annexation turns the conquest into subjugation. It is the very annexation
which uno actu makes the vanquished State cease to exist, and brings the
territory under the conquerors sovereignty. Lassa Oppenheim, Interna-
tional Law: A Treatise 395 (3d ed., Ronald F. Roxburgh ed. 1921).
Uno animo. n anm. n nim. adv. With one mind. With unanimous
intent.
Uno ictu. n kt. n ikt. adv. With one blow. Occurring all at once;
simultaneously; collectively. E.g., Thus the Commission claims that the
succession here occurred in the relations between the SFRY as the predeces-
sor-State and the newly-independent republics as the successor-States. In
other words, it did not take place uno ictu; rather, what is known as
succession is in fact a set of successions which occurred one after another
between 8 October 1991 and 27 April 1992. Application of the Convention on
Rep. 595, 706, 40 ( Judge ad hoc Krea, dissenting).
Unus testis, nullus testis. ns tsts, nlls tsts. nus testis, nlus testis.
One witness is no witness. A principle of evidence that the uncorroborated
evidence of a single witness will be discounted due to presumed unreliability.
This principle has been rejected by the International Criminal Court. See
Prosecutor v. Seromba, Case No. ICTR-2001-66-A, Appeals Judgment of
Mar. 12, 2008, 9192. An alternative formulation is Una testis, nulla
testis. Mixtures of these declensions (e.g., una testis, nullus testis or unus
testis, nulla testis) are grammatically incorrect.
To the city and to the world. To

Urbi et orbi. rb t rb. rb et rb. adv.
everyone; to all; with universal effect. E.g., Evidence to this effect is found
in the fact that the addressee of the Note was the Secretary-General, who
was requested to circulate the Declaration and the Note as an official

Usus fit ex iteratis actibus
document of the General Assembly, whereas the Declaration as such was

addressed urbi et orbi. Application of the Convention on the Prevention and
Punishment of the Crime of Genocide (Bosn. & Herz. v. Yugo.), I.C.J. No. 91,
Judgment of Feb. 26, 2007, at 32, 67 (separate opinion of Judge ad hoc
Krea).
U
Usque ad coelum (et ad inferos). skw ad klm (t ad nfrs). yskw d s
lum (et d infrs). adv. All the way to heaven (and all the way to hell). An
abbreviation of the maxim Cuius est solum eius est usque ad coelum (et ad
inferos).
Up to
Usque ad filum aquae. skw ad flm akw. yskw d flum akw. adv.
the middle of the stream. A measure for the delimitation of territorial
boundaries using the geographical middle of the watercourse as the basis
for the delimitation. See also Medium filum acquae.
Usucapio. skap. yzkp. n. Acquisition by use. The long-term settle-

ment or exploitation of land to establish sovereignty or a right of possession. To
acquire land through usucapio in Roman law, it was necessary to begin posses-
sion in good faith and to continue that possession for ten years for land. It was
also theoretically possible to acquire title to personal property in the same way
after three years of continuous possession.
Interest. Monetary inter-

Usura. sra. yru. n. [pl. Usurae. sr. yr.]
est; A standard measure of the time value of money for its use or a debt owed.
pl. Ambiguous uses. (1) Prop-

Usus ancipites. ss ankpts. yzus nsipitz. n.
erty of uncertain (specifically, whether civilian or military) use. (2) Goods
that can be used for either civilian or military purposes; dual-use goods. (3) In
war, goods whose status as either contraband or legitimate trade goods is
unclear. Sometimes misspelled usus ancipitus. See also Usus bellici.
n. Warlike use. A practical use in

Usus bellici. ss bllk. ysus belik.
warmaking. Usually, the term applies not to arms and distinctively military
items, but rather to items with a dual military and civilian use that may be
considered contraband if delivered to a belligerent power. E.g., It is the usus
bellici which determine an article to be contraband, and as articles come into
use as implements of war which were before innocent, there is truth in the
remark, that as the means of war vary and shift from time to time, the law
shifts with them. James Kent, Commentary on International Law 336
(2d ed., J.T. Abdy ed. 1878). See also Usus acipites.
Usus fit ex iteratis actibus. ss ft ks trats aktbs. yzus fit eks itrtis k
tibus. Usage is made by repeated acts. A maxim meaning that customs

Usus in bello
either binding on the parties or useful for interpreting legal instruments

between them arise from a repeated course of conduct by the parties or their
relevant community or industry.
n. Usage in war. A now obsolete

Usus in bello. ss n bll. yzus in bel.
U term for the customary laws of war. See Ius in bello.
adv. As it was accus-

Ut currere solebat. t krrr slbat. t krr slebt.
tomed to run. Referring to a watercourse, the usual course followed in the
absence of diversion by human intervention. See also Aqua currit et debet
currere ut currere solebat.
adv. As below. As provided or stated below or

Ut infra. t nfra. t infru.
subsequently. Contrast with Ut supra.
Ut res magis valeat quam perat. t rs mags wal-at kwam prat. t res mjis v
l-t kwam pert. So that the matter may flourish rather than perish. A
principle of legal instrument construction dictating that one should avoid
reading the instrument in a manner that would render language in the
instrument redundant, void, or ineffective. It follows that a tribunal will
interpret ambiguous, vague, or apparently conflicting provisions of a legal
instrument in a manner that best sustains the validity and enforceability of
the instrument. This may result in a broader or narrower reading than the
plain language of the instrument seems to indicate. E.g., Lex specialis is not
explicitly included as such in the VCLT [Vienna Convention on the Law of
Treaties], but it is consonant with the principles of effective treaty interpreta-
tion (ut regis valeat quam paereat), which provides the cornerstone of the
VCLT: were one not to start from the rule that specifically regulates a
particular transaction (and were one to privilege, instead, the application of
the more general rule), one risks making such specific rules redundant.
Petros C. Mavroidis, No Outsourcing of Law? WTO Law as Practiced by
WTO Courts, 102 Am. J. Intl L. 421, 444 (2008).
adv. As above. As provided or stated above or

Ut supra. t spra. t spru.
previously. Contrast with Ut infra.
Uti possidetis, ita possideatis. t pssdts, ta pssd-ats. t psidetis, itu

psid-tis. As you possess, so may you possess. An archaic maxim meaning
that a state that has acquired possession of territory with intent to annex it
has thereby established sovereignty over that territory. The maxim has been
used by some publicists (e.g., Memorandum on Uti Possidetis: Costa Rica
Panama Arbitration, 1911, in 3 Collected Papers of John Bassett
Moore 32830 (1944)) to justify the application of the Roman civil law

Uti possidetis de facto
concept of interdictum uti possidetis to establish the legality of a status quo post
bellum. Compare with Uti possidetis (iuris).
Uti possidetis (iuris). t pssdts (yrs). t psidetis ( jris).
adv. (com-
monly used as a n.) So that you may (rightly) possess. (1) A modern
principle according to which a change in sovereignty over a territory, espe- U
cially due to independence following decolonization, does not ipso facto alter
that territorys administrative boundaries as established by colonial autho-
rities out of respect for succession to legal title by the new sovereign. The
doctrine has often been invoked to prevent a change in land and maritime
boundaries of former colonies when they become independent states, espe-
cially in favor of the sovereignty of aboriginal populations over lands histori-
cally occupied by them, and has sometimes been applied aggressively in
recent successionist controversies. The uti possidetis iuris doctrine has some-
times been contrasted with uti possidetis de facto, under which principle the
operative boundaries are not the boundaries delimited by the colonizing
states or their administrations but rather those actually administered by the
colonial and post-colonial authorities. E.g., [U]ti possidetis juris is essentially
a retrospective principle, investing as international boundaries administrative
limits intended originally for quite other purposes. Land, Island, and Maritime
Dispute (El Salv. v. Hond.; Nicar. Intervening), 1992 I.C.J. Rep. 351, 388, 43;
It is a general principle, which is logically connected with the phenomenon of
the obtaining of independence, wherever it occurs. Its obvious purpose is to
prevent the independence and stability of new States being endangered by
fratricidal struggles provoked by the challenging of frontiers following the
withdrawal of the administering power. The essence of the principle lies in
its primary aim of securing respect for the territorial boundaries at the moment
when independence is achieved. Frontier Dispute (Burk. Faso v. Mali), 1986
I.C.J. Rep. 554, 20, 23. (2) An archaic doctrine according to which a
belligerent state acquires sovereignty over all territory claimed and occupied
by it at the termination of an armed conflict. (3) More generally, the well-
established possession of property. (4) In Roman law, a kind of preliminary
injunction (interdictum uti possidetis) ordering the party in possession of
disputed land or buildings who has not obtained such possession by force,
fraud, or gratuitous revocable loan (nec vi nec clam nec precario) to remain in
such possession without interference until the dispute over possession is
resolved by the court. Compare with Uti possidetis, ita possideatis. Contrast
with Uti possidetis de facto. See also Nec vi nec clam nec precario and
Possessio longi temporis.
Uti possidetis de facto. t pssdts d fakt. t psidetis d fkt.

adv.
(commonly used as a n.) So that you may possess in fact. A principle that

Utile
was formerly invoked on occasion by postcolonial states to the effect that the
boundaries of newly independent states upon decolonization should be
defined by the limits of the territory actually administered by the colonial
authorities and/or newly independent state rather than the administrative
boundaries delimited by the colonizing states. A major basis of this claim
U was that, in some cases, and especially in Central and South America,
colonial authorities would often exercise de facto governmental power over
territory that was technically beyond their administrative competence. See
Suzanne Lalonde, Determining Boundaries in a Conflicted World
3135 (2002). Contrast with Uti possidetis (iuris). See also Possessio longi
temporis.
That which is useful. (1) A useful thing. (2) The use to

Utile. tl. ytil. n.
which something can be or is put.

V
................................
v. An abbreviation of Versus.
Vacantia bona. wakant-a bna. vuknu bnu. n. pl. Unowned goods. An

alternative formulation of Bona vacantia.
Vacuum iuris. wak-m yrs. vky-um jris. n. Absence of law. A situation

in which no applicable law clearly dictates the status, rights, or obligations of
the relevant actors. E.g., [B]efore independence, the present boundaries of
Quebec are guaranteed by the Constitution.After independence, these
boundaries will be secured by the principles governing the territorial integrity
of States and the stability of frontiers. Between these two situations there is
no room for a vacuum juris and one can hardly see at what moment this
protection would cease. Thomas M. Franck, Rosalyn Higgins, Alain Pellet,
Malcolm N. Shaw, and Christian Tomuschat, The Territorial Integrity of
Qubec in the Event of the Attainment of Sovereignty, in Commission
dtude des questions affrentes laccession du Qubec la
Souverainet: Projet de Rapport, annex 2.39 (1992).* Compare with
Dubii iuris and Non liquet. But see Iudex decidere debet.
Vacuus. wak-s. vky-us. adj. Empty. Empty; vacant.
Vade mecum. wad mkm. vad mkum. v. imp. (commonly used as a n.) Go
with me. (1) The standard in a field. (2) The most highly respected or often
used reference or precedent. E.g., The decision of the Court in the present
case, provides a vade mecum and precedent for those who might wish to delay
United Nations action by a miasma of legalistic activity. Questions of
Interpretation and Application of the 1971 Montreal Convention Arising from
* The use of this quotation as an example is not intended to endorse the stated
reasoning or its conclusion.
289
Valeat quantum
the Aerial Incident at Lockerbie (Libya v. U.K.), 1998 I.C.J. Rep. 9, 113 ( Judge
Jennings, dissenting).
Valeat quantum (valere potest). wal-at kwantm (walr ptst). vl-t kwan
tum (vlr ptest). (Let it be worth) as much as it is worth. The Latin
V equivalent of the idiom: Take it for what its worth.
Valuta. walta. valtu. n. Ital. Value. Value. The term is most commonly
used to refer to the value of one countrys currency relative to that of a foreign
currency.
Vel. wl. vel. conj. Or. Or (conjunctive). Vel is used when one or more options
are simultaneously possiblea concept sometimes awkwardly rendered in
English as and/or. Contrast with Aut.
Vel non. wl nn. vel nan. Or not. Or not; including the opposite alternative;
or its absence. E.g., More fundamental and difficult than the previous issue
is that concerning the existence vel non of a dispute within the meaning of
Article 27 and Article 32 [of the UN Charter]. Advisory Opinion on Legal
Consequences of the Continued Presence of South Afirca in Namibia (South West
Africa) Notwithstanding Security Council Resolution 276, 1971 I.C.J. Rep. 16,
153 (separate opinion of Judge Dillard).
Venire contra factum proprium (non valet). wnr kntra faktm prpr-m
(nn walt). venir kantru fktum prapr-um (nan vlet). To come against ones
own fact (is not allowed). A maxim of customary international law meaning
that one may not set ones self in contradiction to ones own previous
conduct. For example, a state may be estopped from claiming to be contrary
to international law the acts of another state, if the claimant earlier declared
those same acts were permissible when the claimant itself performed them.
Verba. wrba. vrbu. n. pl. [s. Verbum. wrbm. vrbum.] Words. Words; the
language of a text.
Verba accipienda ut sortiantur effectum. wrba akkp-nda t srt-antr ffk

tm. vrbu ksip-endu t srt-untr efektum. Words are to be construed so
that they obtain effect. A maxim, the purport of which originates in Justinians
Digest (2.2.1), meaning that terms in a legal instrument should not be construed
as useless or redundant, but should instead be interpreted in a manner to
effectuate the purposes of the instrument. Alternative phrases are Verba aliquid
operari debent, Verba cum effectu accipienda sunt, Verba debent intelligi
cum effectu, and Verba quae aliquid operari possunt non debent esse
superflua. See also Verba intentioni, non e contra, debent inservire.

Verbatim
Verba aliquid operari debent. wrba alkwd prar dbnt. vrbu likwid
aprar debent. Words should have some effect. An alternative phrase for
Verba accipienda ut sortiantur effectum.
Verba cum effectu accipienda sunt. wrba km ffkt akkp-nda snt. vrbu
kum efekt ksipyendu sunt. Words are to be construed as to their effect. An V
alternative phrase for Verba accipienda ut sortiantur effectum.
Verba debent intelligi cum effectu. wrba dbnt ntllg km ffkt. vrbu
debent intelij kum efekt. Words should be understood as to their effect.
An alternative phrase for Verba accipienda ut sortiantur effectum.
Verba intentioni, non e contra, debent inservire. wrba ntntn, nn kn

tra, dbnt nsrwr. vrbu intenn, nan kantru, debent insrvr. Words
should serve intentions, not the reverse. A maxim meaning that any vague
or ambiguous provisions of a legal instrument should be construed in a
manner to give effect to the intentions of the drafters or negotiators; an
interpretation of a legal instrument should effectuate rather than subvert its
purpose. Compare with Verba sunt indices animi. See also Verba accipienda
ut sortiantur effectum.
Verba quae aliquid operari possunt non debent esse superflua. wrba kw a
lkwid prar pssnt nn dbnt ss sprfla. vrbu kw likwid aprar p
sunt nan debent es sprfl-u. Words that can have some effect should not be
superfluous. An alternative phrase for Verba accipienda ut sortiantur ef-
fectum.
Verba solemnia. wrba slmn-a. vrbu salemn-u. n. pl. Solemn words.

Formal words, such as those used to express a binding commitment.
Verba sunt indices animi. wrba snt ndks anm. vrbu sunt indisz nim.
Words are indicators of intention. A maxim meaning that the terms of a
legal instrument are to be interpreted in light of the intentions of its drafters
and not as a purely intellectual exercise. Compare with Verba intentioni, non
e contra, debent inservire. See also Verba accipienda ut sortiantur effectum.
Verbatim. wrbatm. vrbtim. adv. Med. Word by word. (1) Literally. (2) In
his/her/its precise words; word for word. E.g., In its request for provisional
measures, Germany asked the Court for an Order that tracked verbatim the
language of the Courts Order of 9 April 1998 in the Breard case. LaGrand
Case (Ger. v. U.S.), 2001 I.C.J. Rep. 466, 555, 20 (Judge Buergenthal,
dissenting). Compare with De verbo in verbum, In haec verba, Ipsis verbis,
Ipsissima verba, and Totidem verbis.

Verbis expressis
Verbis expressis. wrbs ksprsss. vrbis ekspresis. adv. In express words.

An alternative formulation of Expressis verbis.
Verbum. See Verba.
n. Truth. (1) Abstract truth. (2) Honesty; integrity.
Veritas. wrtas. veritus.
V (3) Fact. (4) An abbreviation of Bureau Veritas Group, a multinational
enterprise founded in 1828 to assess the seaworthiness of merchant vessels
for maritime insurance purposes. The organization, now based in Paris, has
expanded its mandate since that time to encompass standards inspection and
verification of industrial equipment, construction sites, environmental qual-
ity, and other business assets and practices.
Vero. wr. vr. adv. Truly; however; even. (1) In truth. (2) Extremely. This
term has multiple other meanings in Latin that are obsolete in modern legal
usage.
Versa vice. wrsa wk. vrsu vsu or -vs. An alternative formulation of Vice
versa.
Versus. wrss. vrsuz. prep. Against. (1) In contrast to. (2) In opposition to.
Versus is often used in case names to indicate the parties in opposition to each
other, equivalent to the French c. or contre. Commonly abbreviated as v. or
vs. Compare with Adversus.
Verus. wrs. verus. adj. True. True; genuine; truthful.
Old law. (1) Ancient law; longstanding law.
Vetus ius. wts ys. vetus jus. n.
(2) A law adopted prior to the adoption of another, subsequent law. Compare
with Lex posterior. (3) In Roman practice, the earliest surviving civil code of
the Romans, enacted in the fifth century bce and inscribed on twelve tables
(hence the popular name Twelve Tables, or Lex Duodecim Tabularum). The
vetus ius continued to be considered a binding part of Roman law at least
until Justinians Code (534 CE).
Vexata quaestio. wksata kwst. veksatu kwest. n. Troubled question. A
difficult or bothersome question or issue; a matter often debated but never
satisfactorily settled. A point of law decided differently by different tribunals
is commonly considered a vexata quaestio. An alternative formulation is
Quaestio vexata.
By force or secretly. By physical

Vi aut clam. w t klam. v- or v t klm. adv.
or military force on one hand or by covert action or subterfuge on the other.
Vi et armis. w t arms. v- or v et armis. adv. By force and arms. By physical
or military force. E.g., Believing firmly in the sovereignty of the State, there

Vigilantibus non dormientibus subvenit lex
was never an idea among the masses of the people of the South that secession
would entail war.Coercion, vi et armis, was not dreamed of. Joseph
Wheeler, Alabama, in 7 Confederate Military History 1, 22 (Clement
A. Evans ed. 2004) (1899).
By force or fear. By physical or
Vi et metu. w t mt. v- or v et met. adv.
V
military force on one hand or by intimidation on the other.
adv. By the path of the law. By legal means;
Via iuris. wa yrs. vu jris.
through the use of legal procedures.
Force is
Vis legibus est inimica. ws lgbs st nmka. vis lejibus est inimiku.
hostile to the law. A maxim of Edward Cokes Institutes (3: 176) meaning
that the law is designed to restrain the use of force and concentrate its power
in the hands of legitimate authorities; therefore, any private and unautho-
rized use of force even in a rightful cause violates the law.
Vice versa. wk wrsa. vsu- or vs vrsu. adv. Reversely. Reversely; the other
way around. The phrase is used when the reverse of a proposition is true.
E.g., [T]here was a natural reluctance on the part of courts and tribunals
to give preference to those elements [bearing on delimitation] more closely
connected to the continental shelf over those more closely related to the
EEZ or vice versa. Barbados v. Republic of Trinidad & Tobago, Permanent
Ct. of Arb., Award of Apr. 11, 2006, 228, 45 I.L.M. 800, 837. By Roman
authors, the phrase was more commonly written Versa vice.
Vide. wd. vid. v. imp. See. A citation signal instructing the reader to see
the named source of authority. E.g., The law of war applies, of course, even
in regard to an internal war (vide Geneva Convention 1977, Protocol II).
Genocide (Bosn. & Herz. v. Yugo.), 1996 I.C.J. Rep. 595, 651 (separate
opinion of Judge Weeramantry).
v. It is permitted to see. (1) That is to say.
Videlicet. wdlkt. vidlset.
(2) Namely; to wit. Commonly abbreviated Viz.
Vigilantibus iura sunt scripta. wglantbs yra snt skrpta. vijulntibus jru
sunt skriptu. The laws of the vigilant are written. A maxim meaning that a
treaty or other agreement should set forth its terms in writing, with the
implication that one should be reluctant to infer unwritten terms into a
written agreement.
Vigilantibus non dormientibus subvenit lex. wglantbs nn drm-ntbs
sbwnt lks. vijulntibus nan drmyentibus subvnit leks. The law supports
the waking, not the sleeping. A maxim meaning that the law favors those

Vinculum iuris
who do not sleep on their rights but instead seek to enforce them vigilantly
which is to say, in a timely manner. Alternative phrasings include substitut-
ing for subvenit lex any of the following verb-object combinations: sub-
veniunt leges, serviunt leges, subveniunt jura, and succurrit lex. All mean
essentially the same thing.
V
Vinculum iuris. wnklm yrs. vinkylum jris. n. Chain of law. (1) A
reference to the binding nature of law. (2) A specific, legally binding obliga-
tion.
Vires. See Vis.
Vis. ws. vis. n. [pl. Vires. wrs. vrz.] Force. (1) Physical force; violence.
(2) Metaphorically, any kind of power, such as official power or jurisdiction.
E.g., [C]ompetence is a loose and undefined concept in Russian adminis-
trative law, and the Russian legal system at the moment offers no judicial
means of resolving issues of vires either between departments of the state
and/or state corporations. William E. Butler, Treaty Capacity and the
Russian State Corporation, 102 Am. J. Intl L. 310, 313 (2008). See also Intra
vires and Ultra vires.
Vis armata. ws armata. vis armatu. n. Armed force. Military or armed force or
compulsion.
n. Clandestine force. Force
Vis clandestina. ws klandstna. vis klndestinu.
used covertly, as through sabotage or clandestine attack.
n. Neo. The force of inactivity. Inertia,
Vis inertiae. ws nrt-. vis inr-.
either literal (physical) or metaphorical. E.g., Florence Nightingale was
fortunate in her personal associations with men in positions of responsibility,
who gave her support against obscurantism and the appalling vis inertiae
prevailing at the time. M.C.S.P., A Bio-Bibliography of Florence Nightingale,
1963 Intl Rev. Red Cross 106, 107.
Greater force. (1) An unforeseeable inter-
Vis maior. ws mayr. vis mjr. n.
vening event that purportedly excuses treaty or contractual obligations with
which the event interferes. (2) A force majeur or act of nature.
Viva voce. wwa wk. vvu vs or -v. adj. or adv. With a living voice.
(1) Out loud. (2) Verbal(ly); oral(ly). E.g., Court may also permit the giving
of viva voce (oral) or recorded testimony of a witness by means of video or audio
technology, as well as the introduction of documents or written transcripts,
subject to this Statute and in accordance with the Rules of Procedure and
Evidence. Rome Statute of the International Criminal Court art.
69(2), UN Doc. No. A/CONF.183.9 ( July 1, 1998). (3) Live; In person. E.g.,

Vs
A Letter of Request shalleither be accompanied by a list of interrogatories to

be put to the witness or witnesses, orrequest the competent authority to allow
such questions to be asked viva voce as the parties or their representatives shall
desire to ask. Convention Regarding Legal Proceedings in Civil Matters art.
10 (G.D.R.U.K.), Feb. 28, 1980, 20 I.L.M. 929, 932.
V
Viz. An abbreviation of Videlicet.
Voces signatae. See Vox signata.
To the
Volenti non fit iniuria. wlnt nn ft nyr-a. vulent nan fit injr-u.
willing comes no injury. A maxim meaning that one who has agreed that
another will perform a specific course of conduct may not later advance a
legal claim for damages if the other performs the conduct as agreed.
Votum separatum. wtm sparatm. vtum seprtum. n. Separate vote. The
right of individual members of a tribunal to issue or publish separate
concurring or dissenting opinions.
Voice of the people. (1) The popular
Vox populi. wks ppl. vaks papyl. n.
sentiment. (2) The common sentiments or demands of the population of a
region or state.
Vox signata. wks sgnata. vaks signtu. n. [pl. Voces signatae. wks sgnat.
vsz signat.] Prescribed voice. The preferred technical term. Compare
with Terminus technicus.
Vs. An abbreviation of Versus.

APPENDICES
................................
A DV E R B I A L N U M B E R S
latin english
semel firstly
bis secondly
ter thirdly
quater or quattor fourthly
quinquie(n)s fifthly
sexie(n)s sixthly
septie(n)s seventhly
octie(n)s eighthly
novie(n)s ninthly
decie(n)s tenthly
undecie(n)s eleventhly
duodecie(n)s twelfthly
tredecie(n)s thirteenthly
quaterdecie(n)s or
quattordecie(n)s fourteenthly
quindecie(n)s fifteenthly
296
CARDINAL NUMBERS
latin english
unus one
duo two
tres three
quattuor four
quinque five
sex six
septem seven
octo eight
novem nine
decem ten
undecim eleven
duodecim twelve
tredecim thirteen
quattuordecim fourteen
quindecim fifteen

ORDINAL NUMBERS
latin english
primus first
secundus second
tertius third
quartus fourth
quintus fifth
sextus sixth
septimus seventh
octavus eighth
nonus ninth
decimus tenth
undecimus eleventh
duodecimus twelfth
tertius decimus thirteenth
quartius decimus fourteenth
quintus decimus fifteenth

Guide To Latin in International Law

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GUIDE TO LATIN IN INTERNATIONAL LAW

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aaron x. fellmeth & maurice horwitz

oxford new york

Copyright 2009 by Oxford University Press, Inc.

Published by Oxford University Press, Inc.

Oxford is a registered trademark of Oxford University Press

All rights reserved. No part of this publication may be reproduced,

Library of Congress Cataloging-in-Publication Data

Printed in the United States of America on acid-free paper

The remaining rules of pronunciation depend on whether the restored or

AMERICAN ENGLISH PRONUNCIATION

letter/diphthong pronounced symbol as in...

There appears to be no uniform practice in the pronunciation of diphthongs

acc. Accusative (direct object) declension

A.R. An abbreviation of Anno regni.

A communi observantia non est recedendum. a kmmn bsrwant-a nn st

A contrario. a kntrar. - or a kantrar. adj. or adv. On the contrary.

a contrario sensu when he or she infers that a scenario opposite to one

From the date. Beginning from a specified

A gratia. a grat-a. - or a gru. adv. or adj. From kindness. An alternative

A limine. a lmn. - or a limin. adv. From the threshold. From or at

A maiore ad minus. a mayr ad mns. - or a mjr d mnus. From the

2 guide to latin in international law

following from reasoning a majore ad minus. Since the termination of

guide to latin in international law 3

A pari. a par. - or a par. adv. Equally. (1) Equally; in equal measure.

A piratis (et latronibus) capta dominium non mutant. a prats (t latrnbs)

adj. or adv. From what follows.

4 guide to latin in international law

Gabcikovo-Nagymaros Project (Hung. v. Slovak.), 1997 I.C.J. Rep. 7, 96

adj. or adv. From the former. (1) Derived by

A vinculo (matrimonii). a wnkl (matrmn-). - or a vinkyl (mtrimn).

Ab abusu ad usum non valet consequentia. ab abs ad sm nn walt kn-

guide to latin in international law 5

abuse to use is ineffective. A maxim meaning that the use or application of a

A Ab ante. ab ant. b nt. adv. From before. Done in advance or prior to a

Ab antecedente. ab antkdnt. b ntsedent. adv. From the preceding. An

Ab antiquo. ab antkw. b ntikw. adv. Neo. From antiquity. Having been

Ab extra. ab kstra. b ekstru. adv. From outside. Originating from an outside

Ab inconvenienti. ab nknwn-nt. b inkunvnyent. adj. From what is

Ab initio. ab nt. b ini. adv. From the beginning. From or at the

6 guide to latin in international law

By the unwilling person. (1) Involuntari-

Ab novo. ab nw. b nv. adv. Newly. An alternative term for De novo.

Of old; formerly. (1) In distant times. (2) By

Aberratio ictus. abrrat kts. br iktus.n. Diversion of the blow. A

n. Envoy. An envoy or other diplomatic

n. Abrogation of law. A law

Absente reo. absnt r. bsent r or -r. adv. The defendant being

guide to latin in international law 7

International Law: Essay II, in 2 the Works of Jeremy Bentham 542

A requires no interpreter. A maxim meaning that clear and unambiguous

Abstinentia guerrarum. abstnnt-a gwrrarm. abstinenu gwerarum. n. Neo.

Accessio. akkss. ksesy. n. Approach. (1) Accession. (2) Lawful inheri-

8 guide to latin in international law

Accessio cedit principali. akkss kdt prnkpal. ksesy sdit prinsupl.

Accessorium non ducit, sed sequitur principalem. akkssr-m nn dkt, sd

Accessorium principali sequitur. akkssr-m prnkpal skwtr. ksesr-um

Accomenda. akkmnda. kmendu. n. Med. Commitment [of money or

Accommodatum. akkmmdatm. kmdtum. n. That which is suitable.

Acta. akta. ktu. n. pl. Transactions. See Actum.

Actio. akt. kty. n. Action at law. (1) A right to initiate a lawsuit.